Halliday et al v. Spjute et al

Filing 542

ORDER GRANTING IN PART MOTION TO COMPEL; EXTENDING NON-EXPERT DISCOVERY DEADLINE, AND DENYING MOTION FOR SANCTIONS, 536 and 540 . Order signed by Magistrate Judge Erica P. Grosjean on 6/19/2020. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:07-cv-00620-AWI-EPG

SHELLY J. IOANE, et al.,

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v.

ORDER GRANTING IN PART MOTION
TO COMPEL; EXTENDING NONEXPERT DISCOVERY DEADLINE;
DENYING MOTION FOR SANCTIONS

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JEAN NOLL, et al.,

(ECF Nos. 536, 537, 540)

Plaintiffs,

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Defendants.

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On June 19, 2020, the Court held a hearing on the motion to compel filed by defendant

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Jean Noll (“Defendant”). (ECF Nos. 536, 537.) At this hearing, the Court also addressed the

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motion for sanctions filed by Shelly Ioane (“Plaintiff”). (ECF No. 540.) For the reasons

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discussed during that conference,

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IT IS ORDERED that:

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1. Defendant’s motion to compel (ECF No. 536) is GRANTED in part.

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a. As to Defendant’s Interrogatory No. 20:
i. Plaintiff shall provide, no later than July 10, 2020, a supplemental written

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response regarding the portion of Defendant’s Interrogatory No. 20 that

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requests Plaintiff to “identify each instance, with particularity, where your

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alleged distress or trauma resulted in loss (financial or otherwise), expense, or

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other kinds types of purported damage.”

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ii. Plaintiff shall participate in an additional deposition with such deposition

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subject to the following conditions:

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a)

The deposition shall be held between July 15, 2020, and August 7, 2020.

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b)

The deposition shall be no longer than three (3) hours on the record, not
including any conferences with the Court to resolve any objections.

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c)

The subject matter of the deposition shall be limited to damages

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information either regarding events following the date of Plaintiff’s last

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deposition or additional details regarding the disclosure that was made in

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Plaintiff’s June 1, 2020, supplemental response to Defendant’s
Interrogatory No. 20.

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d)

The deposition shall be a video deposition taken by remote means under

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Federal Rule of Civil Procedure 30(b)(4). The parties are directed to

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meet and confer regarding the precise method of video means to be used

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for the remote video deposition.

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e)

If, during the deposition, a dispute arises, the parties may reach out to

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the Court and the undersigned, if available, will resolve the dispute. If

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the parties would like to ensure that the undersigned is available on the

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day of the deposition, the parties may reach out to Courtroom Deputy

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Michelle Rooney to confirm whether the undersigned is scheduled to be

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in chambers on the day the deposition is scheduled to occur.

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b. As to Defendant’s Interrogatory No. 18:

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i. No later than July 10, 2020, Plaintiff shall provide a written supplement that

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either provides any additional names and contact information for individuals

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who may have discoverable information and who have not previously been

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disclosed by Plaintiff or state that there are no additional names that have not

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been previously disclosed.

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ii. No later than July 10, 2020, Plaintiff shall provide the home address of
Michael Ioane Jr., Mrs. Ioane’s son, or state that Plaintiff does not have that

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information.

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c. The non-expert discovery cutoff is extended in so far as Defendant is granted

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leave to take the depositions of any individual who is listed in Plaintiff’s

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June 1, 2020 supplemental response to Defendant’s Interrogatory No. 18 or in the

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supplemental response to Interrogatory No. 18 required by this order, and who

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was not previously disclosed by Plaintiff in a Federal Rule of Civil Procedure 26

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disclosure.

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i.

Any such deposition shall not exceed three (3) hours in length.

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ii.

Discovery cutoff for these depositions is October 9, 2020.

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iii. Plaintiff and her counsel are precluded from raising any further objections

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to these depositions. During the depositions, Plaintiff’s counsel may make

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objections on the record on behalf of Plaintiff but may not raise objections

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on behalf of the witnesses.

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2. Plaintiff’s Motion for Sanctions (ECF No. 540) is DENIED.

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3. Defendant’s request for costs and fees under Federal Rule of Civil Procedure
37(a)(5)(A) is DENIED.

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IT IS SO ORDERED.
Dated:

June 19, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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