Robert Medrano et al v. Richard Hamlin, et al
Filing
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ORDER VACATING and resetting hearing on Defendant's motion to compel. The hearing set for October 5, 2011, is VACATED and RESET to October 20, 2011, in Courtroom 7 at 9:30 a.m.; Mr. Shapazian, Mr. Gordon, and Mr. Burns are to arrange a t elephonic or an inperson conference among them prior to October 12, 2011, to discuss the issues raised in Defendant's motion; To the extent that the meet and confer process does not resolve the discovery dispute, the parties' counsel, inclu ding Mr. Gordon, Mr. Shapazian, and Mr. Burns, shall sign and submit a Joint Statement re Discovery Dispute on or before October 13, 2011; and The failure to comply with this order may result in the imposition of sanctions on all parties' counsel. Order signed by Magistrate Judge Sheila K. Oberto on 10/3/2011. (Timken, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERO MEDRANO; and ALBERTO
LANDA,
CASE NO. 1:10-cv-01555-LJO-SKO
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ORDER VACATING AND
RESETTING HEARING ON
DEFENDANT'S MOTION TO
COMPEL
Plaintiff,
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v.
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GENCO SUPPLY CHAIN SOLUTIONS
aka GENCO DISTRIBUTION SYSTEMS
and GENCO, INC.,
(Docket No. 30)
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Defendant.
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/
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I.
INTRODUCTION
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On August 17, 2011, Defendant Genco Supply Chain Solutions ("Defendant") filed a motion
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to compel further responses to certain discovery requests propounded on Plaintiff Landa and to
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compel the deposition of Plaintiff Landa. (Doc. 30.) The motion was initially set for hearing on
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September 14, 2011, before District Judge Lawrence J. O'Neill, and was subsequently reset before
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Magistrate Judge Sheila K. Oberto on September 21, 2011. (Doc. 31.) Thereafter, the parties
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stipulated to continue the hearing on Defendant's motion until October 5, 2011. (Docs. 32, 33.) On
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Wednesday, September 28, 2011, Defendant filed a separate statement regarding the discovery
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dispute asserting that it was "unable to secure the cooperation of counsel for the opposing party after
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a good faith effort." (Doc. 36, 1:26-27.) On Friday, September 30, 2011, Plaintiff Landa filed a
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statement in response to Defendant's separate statement regarding the discovery dispute asserting that
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Defendant "refused to provide Plaintiff with a draft of a Joint Statement as required by Local Rule
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251 so that Plaintiff could respond to Defendant's contentions in a Joint Statement." (Doc. 40, 1:26-
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27.)
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For the reasons set forth below, the Court VACATES the October 5, 2011, hearing on
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Defendant's Motion to Compel and ORDERS the parties to meet and confer regarding the dispute
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and file a Joint Statement re the Discovery Dispute on or before Thursday, October 13, 2011. The
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hearing on Defendant's Motion to Compel is RESET to October 20, 2011, at 9:30 a.m. in
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Courtroom 7.
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II.
DISCUSSION
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It is apparent from the parties' separate statements that there has been a breakdown in
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communications among the parties, particularly among their counsel. The Court is aware that
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litigation sometimes results in communication difficulties, particularly among the various counsel
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involved; this inherent difficulty notwithstanding, the parties are still required to comply with the
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Court's scheduling order and the Court's Local Rules.1
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Local Rule 251 governs the procedure for filing discovery motions and expressly requires
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that a Joint Statement re Discovery Disagreement ("Joint Statement") be submitted by all interested
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parties. Local Rule ("L.R.") 251 (a)-(c). Exceptions to the filing of a Joint Statement are only
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permitted (1) where there has been a complete and total failure to respond to a discovery request or
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order, or (2) when the only relief sought by the motion is the imposition of sanctions. L.R. 251(e).
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Here, because Defendant seeks supplemental responses to certain Special Interrogatories propounded
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on Plaintiff Landa, the universe of issues presented is not limited to a complete and total failure to
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respond to a discovery request. Moreover, Defendant seeks more than the imposition of sanctions.
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Accordingly, the exceptions to the filing of a Joint Statement do not apply here.
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The Local Rules also provides that, "[i]f counsel for the moving party is unable, after a good
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For the convenience of all parties appearing before the Court, the Local Rules are available online at:
http://www.caed.uscourts.gov/caed/DOCUMENTS/localRules/EDCA%20Local%20Rules%20Effective%207.1.11.pdf.
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faith effort, to secure the cooperation of counsel for the opposing party in arranging the required
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conference, or in preparing and executing the required joint statement, counsel for the moving party
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may file and serve an affidavit so stating, setting forth the nature and extent of counsel's efforts to
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arrange the required conference or procure the required joint statement, the opposing counsel's
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responses or refusals to respond to those efforts . . . " L.R. 251(d).
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Here, the declaration of Mr. Mason, one of Defendant's counsel, does not set forth these
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efforts. Although there are a plethora of meet and confer letters attached to Mr. Mason's declaration
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involving the correspondence among the parties' attorneys from approximately June through
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September 2011 regarding the discovery issues that are the center of Defendant's motion, it is not
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clear how communications broke down to the extent that counsel for the parties could not submit
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a Joint Statement. Despite each counsel's contention that the fault for the lack of a Joint Statement
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lies with the other, the Court surmises from the parties' back-and-forth correspondence that the
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reality of the situation is somewhat less clear.
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A.
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With regard to scheduling depositions, because Mr. Shapazian will be present for the
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deposition of Plaintiff Landa, who is represented by Mr. Gordon, both Plaintiffs' counsel and
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Defendant's counsel must meet and confer to have a productive discussion regarding setting the
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deposition schedule. Other than letters from one counsel or another, it does not appear that all
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counsel have participated in either a joint personal or telephonic conference. It is an unnecessary
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imposition on judicial resources that the first attempt at such a personal or telephonic conference be
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facilitated by the Court. Because it is clear from the correspondence of counsel that Mr. Burns, as
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opposed to Mr. Mason, must be present on behalf of Defendant to defend depositions and take
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Plaintiffs' depositions, Mr. Burns must participate in a meet and confer conference with both Mr.
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Gordon and Mr. Shapazian.
Deposition Schedule
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Mr. Shapazian, Mr. Gordon, and Mr. Burns are therefore ORDERED to conduct a telephonic
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or an in-person conference regarding setting a deposition schedule. At this conference all counsel
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should be prepared to set dates for Plaintiffs' depositions. These depositions should be set as soon
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as possible.
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With regard to the length of the depositions, the parties should attempt to resolve their
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differences regarding any lengthening of Plaintiffs' depositions, keeping in mind that the Court has
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neither approved a stipulation nor ordered that depositions be extended beyond the limits prescribed
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by the Federal Rules of Civil Procedure. The Court specifically and expressly issued a minute order
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to this effect on March 10, 2011. (Doc. 26.)
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B.
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The dispute regarding Plaintiff Landa's responses to Defendant's Special Interrogatories
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essentially boils down to what medical conditions Plaintiff has put at issue by virtue of his
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complaint. Generally, what Plaintiff has placed at issue in his complaint may be subject to a patient-
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litigant exception with regard to discovery of otherwise privileged and confidential medical records.
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See Britt v. Super. Ct., 20 Cal. 3d 844, 863 (1978) ("while [a plaintiff] may not withhold information
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which relates to any physical or mental condition which [he has] put in issue by bringing [the]
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lawsuit, [he is] entitled to retain the confidentiality of all unrelated medical or psychotherapeutic
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treatment [he] may have undergone in the past"). Defendant essentially asserts that the identity of
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all health care providers that Plaintiff has seen in the last 10 years for any condition is discoverable.
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Plaintiff asserts that he has had no mental health treatment in the last ten years nor has he sought any
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medical treatment related to his employment with Defendant. Plaintiff Landa asserts that any other
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medical treatment he has sought in the last ten years is not relevant to the litigation and, thus, not
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discoverable.
Plaintiff Landa's Responses to Defendant's Special Interrogatories
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To assist the parties in meeting and conferring regarding this issue, the Court notes that
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Plaintiff's complaint is extremely vague and broad with regard to what physical or mental distress
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he suffered as a result of Defendant's alleged conduct. While it is almost certainly an overbroad
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proposition to state that the identity of all health care providers and the reasons Plaintiff visited such
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providers in the past ten years are discoverable, Defendant's position that it has a right to explore
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potential defenses with regard to the damages Plaintiff asserts is well-taken. The parties' counsel
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should focus their efforts in their meet-and-confer conference on establishing, either through further
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discovery or by stipulation, what physical and mental conditions Plaintiff is asserting arises out of
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Defendant's alleged conduct.
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III.
CONCLUSION
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For the reasons set forth above, the Court HEREBY ORDERS that:
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1.
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The hearing set for October 5, 2011, is VACATED and RESET to October 20, 2011,
in Courtroom 7 at 9:30 a.m.;
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2.
Mr. Shapazian,2 Mr. Gordon, and Mr. Burns are to arrange a telephonic or an in-
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person conference among them prior to October 12, 2011, to discuss the issues
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raised in Defendant's motion;
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3.
To the extent that the meet and confer process does not resolve the discovery dispute,
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the parties' counsel, including Mr. Gordon, Mr. Shapazian, and Mr. Burns, shall sign
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and submit a Joint Statement re Discovery Dispute on or before October 13, 2011;
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and
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4.
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The failure to comply with this order may result in the imposition of sanctions on all
parties' counsel.
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IT IS SO ORDERED.
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Dated:
ie14hj
October 3, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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M r. Shapazian, as Plaintiff Medrano's counsel, need not participate in the discussion of the parties' dispute
regarding Defendant's Special Interrogatories propounded to Plaintiff Landa.
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