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C-08-4417 EDL

JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

JOANN M. SWANSON (CABN 88143)

Chief, Civil Division

JONATHAN U. LEE (CABN 148792)

MELISSA K. BROWN (CABN 203307)

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102-3495

Telephone: (415) 436-6962

FAX: (415) 436-6748

melissa.k.brown@usdoj.gov

Attorneys for Defendant

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

ERIC SEDIE,

Plaintiff,

v.

UNITED STATES OF AMERICA,

Defendant.

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No. C-08-4417 EDL

STIPULATION AND [PROPOSED]

ORDER TO ADMIT DEPOSITION

TESTIMONY OF AARON HAYASHI,

M.D. DUE TO UNAVAILABILITY

DURING TRIAL

WHEREAS, the deposition of Aaron Hayashi, M.D. (“Dr. Hayashi”) took place on

November 24, 2009 in San Jose, California, during which counsel for the defendant United

States (“ Federal Defendant”) and counsel for plaintiff, Eric Sedie (“Plaintiff”) conducted an

examination of Dr. Hayashi regarding issues in the above-captioned action;

WHEREAS, such deposition was transcribed by a certified court reporter;

WHEREAS, Dr. Hayashi will be on duty in a hospital in Martinez, California during the

week of February 1, 2010 through February 5, 2010 from the hours of 8:30 a.m. until 5:00 p.m.,

and it would pose a hardship on Dr. Hayashi to appear for trial due to this conflict;

WHEREAS, by and through their counsel, the parties, agreed to submit portions of Dr.

Hayashi’s deposition testimony as given on November 24, 2009 in lieu of live testimony;

Case 3:08-cv-04417-EDL Document 147 Filed 01/29/10 Page 1 of 3 Case3:08-cv-04417-EDL Document146 Filed01/28/10 Page1 of 70
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C-08-4417 EDL 2

WHEREAS, both parties have designated portions of the deposition transcript as attached

hereto as exhibits A and B;

ACCORDINGLY, the parties by and through their undersigned counsel hereby stipulate

that the deponent Dr. Hayashi is unavailable for trial within the meaning of rule 804(a) of the

Federal Rules of Evidence, and that the parties may submit the attached excerpts of the testimony

given at his deposition on November 24, 2009, in accordance with the Federal Rules of Civil

Procedure and the Federal Rules of Evidence.

So Stipulated

DATED: January 28, 2010 Respectfully submitted,

JOSEPH P. RUSSONIELLO

United States Attorney

/s ________________________________ MELISSA K. BROWN

Assistant United States Attorney

/s

Dated: January 28, 2010 _________________________________

JEREMY CLOYD

Attorney for Plaintiff

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C-08-4417 EDL 3

[PROPOSED ] ORDER

Pursuant to the stipulation of the parties, the Court will allow the parties to proffer

portions of the deposition testimony of Aaron Hayashi, M.D. taken on November 24, 2009 that

were submitted as exhibits A and B with the parties’ Stipulation To Admit Deposition Testimony

of Aaron Hayashi, M.D. Due to Unavailability During Trial for admission into evidence in lieu of

the live testimony of Aaron Hayashi, M.D.

IT IS SO ORDERED

Dated: _______________ ____________________________

ELIZABETH D. LAPORTE

United States Magistrate Judge

Case3:08-cv-04417-EDL Document146 Filed01/28/10 Page3 of 70

January 29, 2010

Case 3:08-cv-04417-EDL Document 147 Filed 01/29/10 Page 3 of 3