Rivera-Martinez et al v. Kern County et al

Filing 36

ORDER After Informal Telephonic Conference re: Discovery Dispute, signed by Magistrate Judge Jennifer L. Thurston on 2/10/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA RIVERA-MARTINEZ and
ARTURO MARTINEZ,

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Plaintiffs,
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vs.
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KERN COUNTY, et al.,
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Defendants.
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Case No. 1:16-CV-00062-LJO-JLT
ORDER AFTER INFORMAL
TELEPHONIC RE: DISCOVERY
DISPUTE
(Doc. 34)

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On February 10, 2017, the Court held an informal telephonic conference related to a dispute

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over the timing of Dr. Hyden’s deposition. Dr. Hyden has indicated an unwillingness to submit to

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deposition on the weekend on after hours and has indicated unavailability for deposition during

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business hours until April 20, 2017. This date is well beyond the non-expert discovery deadline and

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after the deadline for expert disclosure. Thus, as loathe as the Court is to require a deponent to

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submit to deposition on the weekend, Dr. Hyden’s deposition—as is the case with many physician

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depositions—will have to occur after hours.

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In addition, counsel recited difficulty in locating a treating physician, Dr. Rayna Piskova, who

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is now retired and, apparently, living in Michigan. Counsel have undertaken efforts to locate Dr.

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Piskova but have not yet had contact with her. They hope to take her deposition during early March

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but, due to the difficulty in locating her and the lack of contact, cannot yet know whether this will

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occur.

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Finally, counsel also seek to take the deposition of Social Service Work, Andrea Avila, who

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was or is an employee of Valley Children’s Hospital in Madera, California. Counsel agreed they will

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make contact as soon as possible with Ms. Avila and/or counsel for the hospital to arrange a

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convenient date and location for this deposition.

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Thus, the Court ORDERS:

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Dr. Hyden SHALL submit to deposition on March 5 or March 11, 2017 or other date

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convenient to counsel and Dr. Hyden (as long as to is before or around early March). Counsel for Dr.

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Hyden SHALL notify other counsel no later than February 17, 2017 that he will submit to deposition

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on one of these dates.

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The deposition may raise all issues to which Dr. Hyden is a percipient witness and may

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explore expert issues provided that they are topics upon which he testified before the Kern County

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Juvenile Court. In the event counsel wish to ask him questions that exceed these expert topics, they

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SHALL ask the questions (for purposes of creating the record) but Dr. Hyden may decline to answer

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them. As long as his own expert designation does not address the additional topics and does not raise

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other expert opinions that were not covered at the deposition, the Court contemplates that he will

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submit only to one deposition. However, this will not preclude a showing as to why a second

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deposition should be allowed;

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2.

Counsel SHALL use best efforts to complete the depositions of Andrea Avila

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and Dr. Rayna Piskova within the current discovery deadlines. However, the Court is aware that

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these depositions may need to occur shortly thereafter. As necessary, counsel may present a

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stipulation extending the non-expert discovery deadline for a reasonable time to complete these

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depositions.1

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For clarification, the Court’s order (Doc. 33) issued on January 27, 2017 was without prejudice to the filing, if
necessary, of a renewed request that is properly supported by a showing of good cause.

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Counsel for County SHALL notify other counsel no later than February 17, 2017 as to what
she has learned about deposition dates for these deponents.

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IT IS SO ORDERED.
Dated:

February 10, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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