Hopscotch Adoptions, Inc. et al v. Kachadurian

Filing 142

ORDER COMPELLING PLAINTIFFS TO DISCLOSE WITNESS INFORMATION AS REQUIRED BY FED. R. CIV. P. 26( A)(1)(A)(i) signed by Magistrate Judge Michael J. Seng on 7/11/2011. (Yu, L)

1
2
3
4
5
6

MARTIN J. AMBACHER (State Bar No. 144596)
JOHN C. ADAMS (State Bar No. 230373)
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Post Office Box 5288
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Vanessa Kachadurian

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
ATTORNEYS AT LAW
P.O. BOX 5288, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & A MBACHER LLP

7

11

HOPSCOTCH ADOPTIONS, INC., and
ROBIN SIZEMORE,

12
Plaintiffs,
13
vs.

Case No. CV F 09-2101 MJS
ORDER COMPELLING PLAINTIFFS TO
DISCLOSE WITNESS INFORMATION AS
REQUIRED BY FED. R. CIV. P.
26(A)(1)(A)(i)

14
VANESSA KACHADURIAN,
15
Defendant.
16
17

Date: 6/30/11
Time: 3:00 p.m.
Dept: 6
Judge: Hon. Michael J. Seng
Trial Date:
5/1/2012
Action Filed: 12/2/2009

18
19

On June 30, 2011 at 3:00 p.m., the Honorable Michael J. Seng presided over a Discovery

20

Dispute Conference in the above-entitled matter. John C. Adams, Esq. appeared for the party

21

requesting the conference, defendant Vanessa Kachadurian. Bennet G. Kelley, Esq. appeared for

22

plaintiffs Hopscotch Adoptions, Inc. and Robin Sizemore.

23
24
25

After full consideration of the parties’ written and oral submissions, THE COURT FINDS
AS FOLLOWS:
On March 14, 2011, this Court entered its Scheduling Order. (ECF No. 108.) The

26

Scheduling Order required the parties to serve their initial disclosures under Fed. R. Civ. P.

27

26(a)(1)(A) by March 24, 2011.

28

Fed. R. Civ. P. 26(a)(1)(A)(i) requires parties to disclose the “name and, if known, the
ORDER COMPELLING PLAINTIFFS TO
DISCLOSE WITNESS INFORMATION AS
REQUIRED BY FED. R. CIV. P. 26(A)(1)(A)(i)

1

address and telephone number of each individual likely to have discoverable information – along

2

with the subjects of that information – that the disclosing party may use to support its claims or

3

defenses, unless the use would be solely for impeachment . . .”.
On March 24, 2011, plaintiffs served their Initial Disclosures, but failed to properly

5

identify 12 witnesses. Plaintiffs listed 12 adoptive parents or potential adoptive parents by initials

6

only. Each of these adoptive parents or potential adoptive parents allegedly has information

7

regarding defendant’s alleged harassment of actual and potential Hopscotch clients. Since the

8

names, addresses, and telephone numbers of these 12 witnesses were not provided, plaintiffs’

9

initial disclosures did not satisfy the requirements of Fed. R. Civ. P. 26(a)(1)(A)(i). Defendant is

10
ATTORNEYS AT LAW
P.O. BOX 5288, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

4

entitled to this information under the Federal Rules of Civil Procedure so it can contact these

11

witnesses. However, plaintiffs have not provided this information to date due to confidentiality

12

concerns.

13

For good cause shown, THIS COURT HEREBY ORDERS plaintiffs to immediately

14

disclose the names, and, if known, the addresses and telephone numbers of the 12 adoptive

15

parents or potential adoptive parents previously identified by initials only.
Approved as to form:

16
17
18

INTERNET LAW CENTER
/s/ Bennet G. Kelley
By:
Bennet G. Kelley, Esq.
Attorneys for Plaintiffs
Hopscotch Adoptions, Inc. and
Robin Sizemore

19
20
21

ORDER

22
23
24

IT IS SO ORDERED.

25

Dated:

July 11, 2011

/s/

26

UNITED STATES MAGISTRATE JUDGE
DEAC_Sig nature-END:

27

Michael J. Seng

ci4d6

28
ORDER COMPELLING PLAINTIFFS TO
DISCLOSE WITNESS INFORMATION AS
REQUIRED BY FED. R. CIV. P. 26(A)(1)(A)(i)

2