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STIP AND [PROPOSED] ORDER REGARDING DISCOVERY DISPUTES

C08-5651 TEH (JL) 1

JOSEPH P. RUSSONIELLO (CSBN 44332)

United States Attorney

JOANN M. SWANSON (CSBN 88143)

Chief, Civil Division

MICHAEL T. PYLE (CSBN 172954 )

Assistant United States Attorney

U.S. Attorney’s Office/Civil Division

450 Golden Gate Avenue, 9 Floor th

San Francisco, California 94102-3495

Telephone: (415) 436-7322

Facsimile: (415) 436-6748

E-mail: michael.t.pyle@usdoj.gov

Attorneys for Federal Defendants

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

SASKIA RUSSELL ET AL.,

Plaintiffs,

v.

UNITED STATES OF AMERICA,

Defendant.

 

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No. 08-5651 TEH (JL)

STIPULATION AND [PROPOSED]

ORDER REGARDING DISCOVERY

DISPUTES

IT IS HEREBY STIPULATED by and between the undersigned, subject to the Court’s

approval, that the parties have resolved a number of disputes about outstanding discovery and

disclosure issues as follows:

1. Plaintiffs will fully comply with their obligation to provide a computation of each

category of damages and make available for inspection and copying material on which each

computation is based. See Rule 26(a)(1)(A)(iii). Plaintiffs will serve the computation and

documents on Defendant no later than February 5, 2010.

2. Plaintiffs will withdraw their objections to the interrogatories served on each Plaintiff on

or about November 18, 2009 and will fully and completely respond to the interrogatories no later

than February 5, 2010. 

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STIP AND [PROPOSED] ORDER REGARDING DISCOVERY DISPUTES

C08-5651 TEH (JL) 2

3. Plaintiffs will withdraw their objections to the document request served on Plaintiffs on

or about November 18, 2009 and will produce all non-privileged responsive documents no later

than February 5, 2010, as well as a privilege log.

4. Plaintiff Saskia Russell will sign consent forms for all of the medical professionals she or

any other Plaintiff has seen at any time and will sign and return such forms promptly (within 5

calendar days) after they are provided by Defendant.

5. Plaintiff Saskia Russell on behalf of herself and the other Plaintiffs will execute a

declaration attesting that Plaintiffs seek only “garden variety” emotional distress and that (a)

Plaintiffs do not claim unusually severe emotional distress, (b) Plaintiffs do not allege a specific

mental or psychiatric injury or disorder and (c) Plaintiffs will not offer expert testimony

(including by an treating physician, retained or non-retained expert) to support a claim of

emotional distress. In exchange, Defendant will agree not to conduct a psychiatric IME of any

Plaintiff. 

6. Plaintiff Saskia Russell and non-party Cale Russell shall appear at Defendant’s counsel’s

office on a date agreeable to the witnesses and counsel. The parties expect that this deposition

will take place in late February or early March, 2010. 

7. Plaintiffs will not offer any evidence of any kind about the medical, emotional or

psychiatric condition of non-party Cale Russell at any point in this litigation, including trial. 

8. Plaintiffs may take the deposition of non-party Kevin Sheehan on a date agreeable to Mr.

Sheehan and counsel. The parties expect that this deposition will take place in late February or

early March, 2010. 

9. The deadline for either Party to move to compel compliance with any alleged lack of

compliance with the provisions of this Stipulation shall be 14 business days after receipt of the

discovery responses or notice of the alleged non-compliance with the terms of this stipulation. 

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STIP AND [PROPOSED] ORDER REGARDING DISCOVERY DISPUTES

C08-5651 TEH (JL) 3

Dated: February 2, 2010 Respectfully submitted,

JOSEPH P. RUSSONIELLO

United States Attorney

By: /s/ 

Michael T. Pyle

Assistant U.S. Attorney

Attorneys for Federal Defendants

Dated: February 2, 2010 BRAYTON PURCELL, LLP

By: /s/ 

Clayton W. Kent

Attorneys for Plaintiffs

PURSUANT TO STIPULATION, IT IS SO ORDERED

DATED: _____________________________

HON. THELTON E. HENDERSON

United States District Judge

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

02/02/10

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