STIPULATION RE: TRIAL TESTIMONY OF YOUNG N. PAIK, M.D.; ORDER

BARBARA A. McAULIFFE, Magistrate Judge.

The parties to the above referenced above, by and through their respective counsel of record and subject to the Court's approval, hereby stipulate as follows:

WHEREAS plaintiff KEVIN DARNELL BRYANT seeks to elicit percipient witness testimony from his treating physician, Young N. Paik, M.D. on Tuesday, May 17, 2017;

WHEREAS counsel for Dr. Paik has contacted both counsel for plaintiff and counsel for defendants to see if they are amenable to the instant stipulation;

WHEREAS Dr. Paik has advised through his counsel that Dr. Paik has a heavy patient load (35-40 patients) who are scheduled to be seen in his Pacific Orthopedic Medical Group office in Bakersfield, California on May 17, 2017;

WHEREAS Dr. Paik has advised through his counsel that Dr. Paik has pre-existing vision related health issues that impact his ability to travel to Fresno to offer live testimony;

WHEREAS Dr. Paik has advised through his counsel that Dr. Paik has pre-existing vision related health issues preventing him from driving a vehicle outside of the local area of Bakersfield and during any nighttime hours;

WHEREAS Dr. Paik, through his counsel, has requested that he be allowed to testify in the instant case by way of video conference from a location in Bakersfield;

WHEREAS the parties are not stipulating herein that the subpoena previously provided to Dr. Paik is unenforceable, but are instead agreeing to the usage of video conference for the testimony of Dr. Paik as a professional accommodation to Dr. Paik given his health issues;

The parties HEREBY AGREE AND STIPULATE, subject to the Court's approval, to allow Dr. Young Paik to offer trial testimony by way of video conference from a location in Bakersfield, California. Dr. Paik's counsel of record, LeBeau-Thelen, LLP, will assist in locating a suitable location in Bakersfield for Dr. Paik to offer his video conference testimony, and said location will coordinate with the Court prior to Dr. Paik's testimony to ensure that the technical capabilities for offering testimony by way of video conference will be viable.

SO STIPULATED.

ORDER

The court Grants the request, in principle, with the following exceptions. The court does not have the technological ability to accommodate last minute requests for video testimony. Timing, compatibility, court proceedings, staff unavailability, inability to test, and other issues may determine that video conferencing is not viable. As far as the witness' inability to drive himself, the court notes other options for transportation, including his counsel's cooperation, are available. Further, the court has not been informed of, nor has made arrangements for, where, when and how the video is to be accomplished.

IT IS SO ORDERED.