Eaglesmith et al v. Ray et al

Filing 90

ORDER signed by Magistrate Judge John F. Moulds on 4/5/2012 ORDERING that defendants' 3/5/2012 75 motion to compel is PARTIALLY GRANTED. Defendants shall have an additional four hours to depose J.C. Eaglesmith. To the extent any of that time h as already been exhausted, that exhausted time shall count against the additional four hours granted here. That is, defendants aver that they have deposed J.C. Eaglesmith for a total of 7 hours and 15 minutes. Thus, 15 minutes will be subtracted from the additional time, leaving defendants 3.75 hours available to depose J.C. Eaglesmith. (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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JERALD CLINTON EAGLESMITH, et al.,
Plaintiffs,

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vs.

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No. CIV 2:11-cv-0098-JAM-JFM

JEFF RAY, et al.,
Defendants.

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ORDER
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On April 5, 2012, the court held a hearing on defendants’ March 5, 2012 motion

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to compel. Peter Haberfeld appeared for plaintiffs. Kathleen Darmagnac appeared for

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defendants. Upon review of the joint discovery statement, discussion with counsel and good

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cause appearing therefor, THE COURT FINDS AS FOLLOWS:

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RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

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Plaintiffs J.C. Eaglesmith, Ramona Eaglesmith, Bruce Barnes and Eileen Cox

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initiated this action on January 11, 2011 and are proceeding on a second amended complaint

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(“SAC”) filed October 24, 2011. The SAC sets forth claims for employment discrimination,

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retaliation, harassment, failure to prevent discrimination / retaliation / harassment, and violations

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of their First and Fourteenth Amendments rights under 42 U.S.C. §§ 1981 and 1983.

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/////
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J.C. Eaglesmith alleges that school district administrators, during his tenure as

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Head Basketball Coach at Quincy High School (“QHS”) and as the lead teacher at the Plumas

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County Community School, discriminated against him because he is Native American and not

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Christian, retaliated against him because he complained of their employment practices toward

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him and their treatment of students under his supervision, harassed him and created a hostile

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work environment that affected the terms and conditions of his employment, and failed to protect

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him from discrimination, retaliation and harassment.

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Ramona Eaglesmith alleges that school administrators discriminated against her
because she is Native American and not Christian, retaliated against her because of her

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association with her husband J.C. Eaglesmith, and interfered with her right to contract. Eileen

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Cox and Bruce Barnes allege that district administrators retaliated against them because of their

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association with and support of J.C. Eaglesmith.

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DISCUSSION
In their motion to compel, defendants seek an additional seven hours to depose

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plaintiff J.C. Eaglesmith, whom they have already deposed for a total of 7 hours and 15 minutes.

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They seek the additional time because the complaint contains multiple “detailed” paragraphs

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covering a nearly eight-year period concerning numerous incidents and numerous employees,

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administrators, volunteer coaches and parents. With regard to the deposition of J.C. Eaglesmith

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that has been completed, defendants contend that they were forced to rush through their allotted

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seven hours. Despite this pace, they were unable to question J.C. Eaglesmith on a number of

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matters, including, inter alia, Yvonne Bales’s truck, plaintiff’s allegation that he wears a baseball

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hat indoors as cultural headdress, plaintiff’s 2010 and 2011 stress leave, complaints made about

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plaintiff by his assistant coaches and parents of students.

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In opposition, plaintiffs argue that defendants have failed to show good cause, the

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complaint is replete with details, and seven hours is more than sufficient to depose a plaintiff in

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an ordinary case, which, they assert, adequately describes this case.
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Rule 30(d)(2) provides in relevant part:

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Unless otherwise authorized by the court or stipulated by the parties, a deposition
is limited to one day of seven hours. The court must allow additional time
consistent with Rule 26(b)(2) if needed for a fair examination of the deponent.

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The Notes of the Advisory Committee on the 2000 amendments to Fed. R. Civ. P. 30 provide the

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following elucidation:

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Paragraph (2) imposes a presumptive durational limitation of one day of seven
hours for any deposition.... The party seeking a court order to extend the
examination, or otherwise alter the limitations, is expected to show good cause to
justify such an order.

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Id.
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Upon consideration of the papers, the court finds that defendants have
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demonstrated good cause for an order extending plaintiff J.C. Eaglesmith’s deposition.
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Therefore, the court will partially grant their motion. The court also notes that, as a general
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matter, depositions are one of several discovery devices used for gathering information from a
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witness.
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Accordingly, IT IS HEREBY ORDERED that defendants’ March 5, 2012 motion
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to compel is partially granted. Defendants shall have an additional four hours to depose J.C.
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Eaglesmith. To the extent any of that time has already been exhausted, that exhausted time shall
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count against the additional four hours granted here. That is, defendants aver that they have
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deposed J.C. Eaglesmith for a total of 7 hours and 15 minutes. Thus, 15 minutes will be
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subtracted from the additional time, leaving defendants 3.75 hours available to depose J.C.
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Eaglesmith.
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DATED: April 5, 2012.
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/014;eagl0098.disc3

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