Chopourian v. Catholic Healthcare West et al

Filing 58

ORDER signed by Magistrate Judge Kendall J. Newman on 6/30/2011 ORDERING that on 6/30/2011, at 9:00 AM, Pltf shall produce unredacted originals of all Pltf's documents containing Personal Health Information, for review by defense counsel. Defens e counsel shall provide Pltf's counsel with a letter, by 7/8/2011, parsing out which future deponent(s) is the person most knowledgeable regarding each topic. By noon on 6/30/2011, Pltf's counsel must email Dft's counsel with dates he is unavailable to conduct depositions during the period between 7/11/2011, and the close of discovery on 8/5/2011. By close of business on 6/30/2011, Dft's counsel must email Pltf's counsel and provide 12 to 14 dates that defense counsel h as "blocked off" for depositions. All depositions must be scheduled by close of business on 7/8/2011. All depositions must occur between 7/11/2011 and 8/5/2011. The first deposition shall occur on 7/11/2011. As soon as Dft's counsel determines which individual(s) will be deposed on 7/11/2011, Dft's counsel shall inform Pltf's counsel of that identity or identities. The parties are to have a signed protective order in place prior to 7/11/2011. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANI CHOPOURIAN,

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Plaintiff,

No. 2:09-cv-02972-KJM-KJN

vs.
CATHOLIC HEALTHCARE WEST,
et al.,

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Defendants.

ORDER

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/
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On June 29, 2011, at the request of the parties, Magistrate Judge Kendall J.

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Newman presided over in an informal discovery conference .1 The conference took place in the

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jury room of Courtroom 25 and, by the parties’ consent, occurred off-the-record. Attorneys Mary

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Green and Judith Martin attended on behalf of the defendant. Attorney Lawrence Bohm attended

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on behalf of the plaintiff. For the reasons given to the parties during the informal conference, the

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court orders the following:

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1.

On June 30, 2011, at 9:00 a.m., plaintiff shall produce unredacted originals

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of all of plaintiff’s documents containing Personal Health Information, for review by defense

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counsel in accordance with the court’s prior order on this issue. (See Dkt. No. 49.) Defense

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This action proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(1) and 28 U.S.C. § 636(b)(1).

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counsel’s review of these documents shall be videotaped, on mute and without audio. The video

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recording shall be “zoomed out” enough so as not to reveal the specific contents of the

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documents being reviewed. The videographer, a paralegal from plaintiff’s office, shall not be

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present in the room during the review of the documents.

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2.

Plaintiff has noticed a “person most knowledgeable” deposition covering

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various topics. Because some future deponents may be the person most knowledgeable on some

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or all of these topics, defense counsel shall provide plaintiff’s counsel with a letter parsing out

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which future deponent(s) is the person most knowledgeable regarding each topic. This letter

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shall enable plaintiff to prepare his questioning for each deposition without the need for setting

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several depositions of the same individual. Defendant’s counsel shall provide this letter to

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plaintiff’s counsel by July 8, 2011.

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3.

During the informal discovery conference, plaintiff’s counsel stated his

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intent to complete three depositions that were commenced but suspended. Plaintiff stated that

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each of these three continued depositions could be completed in one day apiece. Plaintiff’s

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counsel also listed eight other individuals he seeks to depose, each for a half-day of testimony.

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These eleven requested depositions shall proceed in accordance with plaintiff’s representations

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regarding the length of depositions and the identity of plaintiff’s intended deponents. Future

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requests for additional depositions may require a showing of good cause. All counsel are warned

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that last-minute cancellation of depositions should only occur for a very good reason, such as a

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death in the family. If a last-minute cancellation occurs without good reason, the court will be

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inclined to find a waiver of the opportunity to take the deposition or award other appropriate

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sanctions.

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4.

By noon on June 30, 2011, plaintiff’s counsel must email defendant’s

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counsel with dates he is unavailable to conduct depositions during the period between July 11,

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2011, and the close of discovery on August 5, 2011.

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5.

By close of business on June 30, 2011, defendant’s counsel must email

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plaintiff’s counsel and provide 12 to 14 dates that defense counsel has “blocked off” for

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depositions between July 11, 2011, and the close of discovery on August 5, 2011. These blocked

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off dates shall not include dates plaintiff counsel is unavailable.

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6.

The eleven depositions need not be taken in any particular order. The

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eight depositions that plaintiff’s counsel represented would take a half-day apiece may be

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“doubled up,” with two half-day depositions set to occur on a single day.

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7.

All depositions must be scheduled by close of business on July 8, 2011.

All depositions must occur between July 11, 2011, and August 5, 2011.

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8.

The first deposition shall occur on July 11, 2011. The deposition shall

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occur in the jury room of Courtroom 25 and shall commence at 9 a.m. The parties are to contact

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Judge Newman’s courtroom deputy regarding questions they have about the logistics of this

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deposition’s occurring in the jury room. If necessary, Judge Newman will be available to resolve

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disputes arising during this deposition, and, if necessary, may sanction attorneys engaging in

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unprofessional conduct.

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9.

As soon as defendant’s counsel determines which individual(s) will be

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deposed on July 11, 2011, defendant’s counsel shall inform plaintiff’s counsel of that identity or

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identities. At the latest, this information should be provided to plaintiff’s counsel by noon on

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July 7, 2011.

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10.

The parties are to have a signed protective order in place prior to July 11,

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2011, to help alleviate various privacy concerns and so as to facilitate the timely completion of

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the above-described depositions by August 5, 2011.

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IT IS SO ORDERED.

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DATED: June 30, 2011
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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