Plaintiffs' Notice Of Motion And Motion To Compel Depositions Of ...

1234567891011121314151617181920212223of the two officers directly responsible for running over Ms. Conolly and causing her death. 8Further,Plaintiffs’ counsel emphasized that there could be no mediation or settlement discussions until theOfficers were deposed and plaintiffs were provided with what they had requested from the beginning. 9No immediate response to this correspondence was received from defense counsel.G. Defendant City Of Oxnard Steadfastly Refused To Produce The Officers ForDeposition, Despite Plaintiffs’ Multiple “Meet and Confer” EffortsOne week after sending the foregoing letter, having received no response from defense counseland having not been provided with dates for the depositions to proceed, plaintiffs’ counsel again wroteto Mr. Wisotsky, this time identifying the correspondence as a “formal effort to meet and confer”regarding the depositions. 10Officers would be produced for deposition. 11Plaintiffs’ counsel asked for a clear response as to whether or not theMr. Wisotsky responded to this inquiry by writing that he would be sending a stipulation toliability, and that it was his “belief” there would be no need for any discovery concerning liability issuesin the case. 12Plaintiffs’ counsel then sent a second formal meet and confer letter, again requesting a definitiveanswer as to whether or not the Officers would be produced for deposition. 13Mr. Wisotsky responded on March 6, 2007, forwarding a proposed stipulation to liability, andfinally stating, for the first time, that “neither officer will be produced for deposition in light of theenclosed stipulation re admission of liability.” 14Plaintiffs’ counsel, Mark Hiepler, initiated a telephonic meet and confer with Mr. Wisotsky, toattempt to resolve this dispute without need for a Motion. Mr. Hiepler and Mr. Wisotsky discussed theissues, but Mr. Wisotsky continued to refuse to produce the Officers for deposition. Hiepler Decl., 17.24252627287 See February 16, 2007 letter, Exhibit 7 to the Tron Decl., 6.8 Id.9 Id.10 See February 23, 2007 letter, Exhibit 8 to the Tron Decl., 7.11 Id.12 See February 23, 2007 letter, Exhibit 9 to the Tron Decl., 8.13 See February 27, 2007 letter, Exhibit 10 to the Tron Decl., 9.14 See March 6, 2007 letter, Exhibit 11 to the Tron Decl., 10.______________________________________________________________________________7Plaintiffs’ Notice Of Motion And Motion To Compel Depositions Of Defendant City Of Oxnard EmployeesOfficer Frank Brisslinger And Officer Martin Polo; Memorandum Of Points And Authorities;Request For $4,618.80 in Sanctions