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OAK #4851-6892-0922 v1 - 1 - JOINT DESIGNATIONS OF DEPOSITION

TESTIMONY 16-CV-7014-VC

Barbara J. Parker (SBN 69722)

City Attorney

Otis McGee, Jr. (SBN 71885)

Chief Assistant City Attorney

Colin Troy Bowen (SBN 152489)

Supervising Deputy City Attorney

OAKLAND CITY ATTORNEY

One Frank Ogawa Plaza, 6th Floor

Oakland, CA 94612

Tel: 510.238.3601 Fax: 510.238.6500

Kevin D. Siegel (SBN 194787)

E-mail: ksiegel@bwslaw.com

Gregory R. Aker (SBN 104171)

E-mail: gaker@bwslaw.com

Timothy A. Colvig (SBN 114723)

E-mail: tcolvig@bwslaw.com

Christopher M. Long (SBN 305674)

E-mail: clong@bwslaw.com

BURKE, WILLIAMS & SORENSEN, LLP

1901 Harrison Street, Suite 900

Oakland, CA 94612-3501

Tel: 510.273.8780 Fax: 510.839.9104

Attorneys for Defendant

CITY OF OAKLAND

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

OAKLAND BULK & OVERSIZED

TERMINAL, LLC,

Plaintiff,

v.

CITY OF OAKLAND,

Defendant.

Case No. 3:16-cv-07014-VC

DEFENDANT'S AND DEFENDANTINTERVENORS' JOINT

DESIGNATIONS OF DEPOSITION

TESTIMONY

Trial Date: January 16, 2018

Time: 8:30 a.m.

Ctrm.: No. 2, 17th Floor

Judge: Honorable Vince Chhabria SIERRA CLUB and SAN FRANCISCO

BAYKEEPER,

Defendant-Intervenors.

Case 3:16-cv-07014-VC Document 210 Filed 01/09/18 Page 1 of 3
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OAK #4851-6892-0922 v1 - 2 - JOINT DESIGNATIONS OF DEPOSITION

TESTIMONY 16-CV-7014-VC

Pursuant to paragraph 37 of the Standing Order for Civil Trials, Defendant City of

Oakland and Defendant-Intervenors Sierra Club and San Francisco Baykeeper hereby submit

their joint designations of deposition testimony for the following witnesses:

1. Attached hereto as Exhibit 1 are Defendant's and Defendant-Intervenors' joint

designations of testimony from the deposition of Philip Tagami, taken on October 6 and 20,

2017.1

2. Attached hereto as Exhibit 2 are Defendant's and Defendant-Intervenors' joint

designations of testimony from the deposition of Mark McClure, taken on October 12, 2017.

3. Attached hereto as Exhibit 3 are Defendant's and Defendant-Intervenors' joint

designations of testimony from the deposition of Edward Leibsch, taken on October 17, 2017.

4. Attached hereto as Exhibit 4 are Defendant's and Defendant-Intervenors' joint

designations of testimony from the deposition of Marcel Veilleux, taken on October 17, 2017.

5. Attached hereto as Exhibit 5 are Defendant's and Defendant-Intervenors' joint

designations of testimony from the deposition of James Wolff, taken on October 10, 2017.2

6. Attached hereto as Exhibit 6 is a copy of Plaintiff's Objection Key, which contains

definitions of Plaintiff's abbreviations for various objections.

1

Plaintiff provided its objections and counter-designations for Mr. Tagami's two

depositions on January 9, 2018 at 2:47 pm. Plaintiff expressly reserved the right to make

additional objections or counter-designations in the future. Accordingly, and given the short

turnaround time that Plaintiff afforded Defendants to provide (1) further objections to Plaintiff's

counter-designations and (2) counter-counter designations, Defendants expressly reserve the right

to make additional objections and/or counter-counter designations for Mr. Tagami's depositions.

2 OBOT refused to provide objections or counter designations in response to Defendants'

designations of testimony from the deposition of James Wolff, claiming that Defendants'

designations, which were provided to OBOT's counsel on January 8, 2018, were provided too late

for OBOT to provide objections and counter designations. OBOT similarly did not provide any

further counter-designations or objections after Defendants provided objections and counterdesignations to OBOT's Wolff designations on the same date. Several other witness designations

were simultaneously being exchanged among the parties at the same time, and through the late

afternoon of January 9. Defendants remain willing to meet and confer with OBOT's counsel to

allow both parties to provide objections and counter designations on both sets of Wolff

designations after this filing.

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OAK #4851-6892-0922 v1 - 3 - JOINT DESIGNATIONS OF DEPOSITION

TESTIMONY 16-CV-7014-VC

Dated: January 9, 2018 BURKE, WILLIAMS & SORENSEN, LLP

By: /s/ Christopher M. Long

Kevin D. Siegel

Gregory R. Aker

Timothy A. Colvig

Christopher M. Long

Attorneys for Defendant

CITY OF OAKLAND

Dated: January 9, 2018 EARTHJUSTICE

By: /s/ Colin O'Brien

Colin O'Brien

Attorneys for Defendant-Intervenors

SIERRA CLUB and SAN FRANCISCO

BAYKEEPER

ATTESTATION

I, Christopher M. Long, am the ECF user whose ID and password are being used to file

this "Defendant's and Defendant-Intervenors' Joint Designations of Deposition Testimony."

Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that Colin O'Brien has concurred in the

filing of this document.

DATED: January 9, 2018 /s/ Christopher M. Long

Christopher M. Long

Case 3:16-cv-07014-VC Document 210 Filed 01/09/18 Page 3 of 3