Filed: May 31, 2016
Latest Update: May 31, 2016
Summary: CLASS ACTION ORDER RE STIPULATION FOR SECOND DEPOSITION OF PLAINTIFF STANLEY A. BOONE , Magistrate Judge . Pursuant to Rule 30(a)(2)(A) of the Federal Rules of Civil Procedure, plaintiff Delia Wilson and defendant Conair Corporation enter into this stipulation regarding the following: WHEREAS, on February 8, 2016, upon approval of the Court (ECF No. 119), plaintiff filed a First Amended Class Action Complaint (ECF No. 121). WHEREAS, the amended complaint added allegations and claims for
Summary: CLASS ACTION ORDER RE STIPULATION FOR SECOND DEPOSITION OF PLAINTIFF STANLEY A. BOONE , Magistrate Judge . Pursuant to Rule 30(a)(2)(A) of the Federal Rules of Civil Procedure, plaintiff Delia Wilson and defendant Conair Corporation enter into this stipulation regarding the following: WHEREAS, on February 8, 2016, upon approval of the Court (ECF No. 119), plaintiff filed a First Amended Class Action Complaint (ECF No. 121). WHEREAS, the amended complaint added allegations and claims for ..
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CLASS ACTION
ORDER RE STIPULATION FOR SECOND DEPOSITION OF PLAINTIFF
STANLEY A. BOONE, Magistrate Judge .
Pursuant to Rule 30(a)(2)(A) of the Federal Rules of Civil Procedure, plaintiff Delia Wilson and defendant Conair Corporation enter into this stipulation regarding the following:
WHEREAS, on February 8, 2016, upon approval of the Court (ECF No. 119), plaintiff filed a First Amended Class Action Complaint (ECF No. 121).
WHEREAS, the amended complaint added allegations and claims for personal injury and class claims alleging that Conair does not comply with the CPSA. The personal injury claims added to the amended complaint include Strict Products Liability: Design/Manufacture Defect, Strict Products Liability: Failure to Warn, Negligence, and Negligent Infliction of Emotional Distress. The CPSA claims are a basis of plaintiff's Rule 23(b)(2) class certification motion.
WHEREAS, on May 20, 2016, the parties stipulated to plaintiff's voluntary dismissal of her claim for Negligent Infliction of Emotional Distress pursuant to Fed. R. Civ. Proc. 41(a)(1)(A)(ii).
WHEREAS, plaintiff was previously deposed by Conair on July 16, 2015. The deposition commenced at 10:07 a.m., and concluded at 3:52 p.m. Several breaks were taken during the course of this deposition.
WHEREAS, Conair seeks to depose plaintiff a second time regarding her individual claims for personal injury and all new allegations that were added to the amended complaint.
WHEREAS, the parties agree that the second deposition will be limited to plaintiff's claims for personal injury and all new allegations.
WHEREAS, the parties agree the deposition will not exceed four (4) hours of testimony time.
WHEREAS, the parties agree that the second deposition will take place on Monday, June 6, 2016, at 9:00 a.m., at the Hotel Indigo Santa Barbara, 121 State Street, Santa Barbara, CA 93101, which is subject to modification for good cause and/or upon agreement of the parties, without further order of the Court.
NOW, THEREFORE, IT IS HEREBY STIPULATED, that Conair's second deposition of plaintiff will be limited as follows:
(1) The scope of the deposition will be limited to plaintiff's individual claims for personal injury and the new class allegations that were added to the First Amended Class Action Complaint (ECF No. 121).
(2) The deposition will take place on June 6, 2016, at 9:00 a.m., at the Hotel Indigo Santa Barbara, 121 State Street, Santa Barbara, CA 93101, which is subject to modification for good cause and/or upon agreement of the parties, without further order of the Court and will be limited to four (4) hours of testimony time.
IT SO STIPULATED.
ORDER
IT IS HEREBY ORDERED that, having reviewed the Stipulation and Proposed Order Governing a Second Deposition of Plaintiff, the parties' Stipulation shall become the order of the Court.
IT IS SO ORDERED.
