Lawrence v. Schlumberger Technology Corporation

Filing 33

ORDER AFTER INFORMAL TELEPHONIC DISCOVERY CONFERENCE; Final Pretrial Conference is continued to 12/2/2015 at 10:00 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston, signed by Magistrate Judge Jennifer L. Thurston on 6/10/2015. (Kusamura, W)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

KENNETH LAWRENCE,
Plaintiff,

11
12
13
14

v.
SCHLUMBERGER TECHNOLOGY
CORPORATION,
Defendant.

15
16
17

)
)
)
)
)
)
)
)
)

Case No.: 1:14-cv-00524 JLT
ORDER AFTER INFORMAL TELEPHONIC
DISCOVERY CONFERENCE
(Doc. 22)

At the request of counsel, on July 9, 2015, the Court held an informal telephonic conference
related to a brewing discovery disputes.

18

First, Plaintiff’s counsel, Mr. Moss, notified the Court that Defendant still has not responded to

19

the second set of interrogatories propounded months ago. Defendant’s counsel, Ms. Riordan, indicated

20

that this was due to lead counsel, Mr. Mills, having been in trial. However, this fails to adequately

21

explain why responses have not been provided.

22

Second, Mr. Moss reported that counsel have been having trouble scheduling the depositions,

23

including the deposition of the entity and a couple of witnesses. After discussion on the topic, the

24

Court determined that the deposition of the entity and witnessed F. Durante and K. Jones would be

25

taken no later than July 31, 2015. Likewise, in the event that Mr. Moss decided to take the deposition

26

of Jeremy Kinslow, it would be completed no later than August 14, 2015.

27
28

Third, Ms. Riordan explained that topics outlined for the deposition of the entity were
overbroad and one particular topic was improper. The Court reminded Ms. Riordan of the obligation to
1

1

produce a witness to the fullest extent possible but objections—especially those in line with the Court’s

2

order on the motion to compel (Doc. 28)—are acceptable. Moreover, the Court noted that the topic for

3

the 30(b)(6) deposition related to the method by which Defendant stores documents, does not appear to

4

be reasonably calculated to lead to discoverable evidence. It does not relate to any issue raised in the

5

pleadings and there is no good faith basis to believe that Defendant has improperly withheld

6

documents.

7

Finally, though counsel filed a stipulation seeking two additional months of time to conduct

8

discovery—and extensions of other dates in the case schedule—the Court finds no good cause to allow

9

this. There has been an inadequate showing that diligence has been exercised in completing discovery.

10

ORDER

11

Based upon the foregoing, the Court ORDERS:

12

1.

13

All depositions noticed pursuant to Fed. R. Civ. P. 30(b)(6) SHALL be completed no

later than July 31, 2015;

14

2.

15

31, 2015;

16

3.

17
18
19
20

The depositions of F. Durante and K. Jones SHALL be completed no later than July

The deposition of Jeremy Kinslow, if it is to be taken, SHALL be completed no later

than August 14, 2015;
4.

Defendant’s responses to the second set of interrogatories SHALL be served via e-mail

no later than July 13, 2015;
5.

The Parties SHALL disclose all expert witnesses in writing no later than September 4,

21

2015 and disclose all rebuttal experts no later than September 25, 2015. All expert discovery

22

SHALL be completed no later than October 23, 2015;

23
24
25
26
27

6.

Nondispositive motions SHALL be filed no later than October 30, 2015 and heard no

later than November 27, 2015;
7.

Dispositive motions SHALL be filed no later than August 28, 2015 and heard no later

than October 5, 2015;
8.

The pretrial conference is CONTINUED to December 2, 2015 at 10:00 a.m..

28
2

1
2
3

Counsel are strongly admonished to complete discovery expeditiously and to cooperate in
this effort.
Absolutely no other modifications to the scheduling order are authorized and absolutely

4

no further modifications to the case schedule will be entertained—whether by stipulation or

5

otherwise—absent a showing of exceptional good cause.

6
7
8
9

IT IS SO ORDERED.
Dated:

July 10, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3