Solis v. Target Corporation

Filing 91

ORDER signed by Magistrate Judge Deborah Barnes on 9/29/2016 ORDERING that Defendant Target Corporation's 88 Motion for Protective Order shall be heard on 10/7/2016, in Courtroom 27 at 10:00 a.m. The parties' joint statement regarding discovery dispute and supporting documents will be filed by 10/3/2016. (Zignago, K.)

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SEYFARTH SHAW LLP
Laura J. Maechtlen (SBN 224923)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
SEYFARTH SHAW LLP
Enedina S. Cardenas (SBN 276856)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
TARGET CORPORATION

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LAW OFFICES OF JILL P. TELFER
Jill P. Telfer (SBN 145450)
[e-mail]
331 J Street, Suite 200
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
JAVIER SOLIS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAVIER SOLIS,
Plaintiff,

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v.

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No. 2:14-cv-00686-KJM-DB

TARGET CORPORATION, a corporation; and
DOES 1-100 inclusive,

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Defendants.
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STIPULATION AND ORDER
SHORTENING TIME TO HEAR
DEFENDANT TARGET
CORPORATION’S NOTICE OF MOTION
AND MOTION FOR PROTECTIVE
ORDER TO PRECLUDE DEPOSITION
OF JESSICA KLOCKE-WILLIAMS,
FORMER SENIOR PARALEGAL FOR
TARGET

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STIPULATION
The parties Plaintiff Javier Solis and Defendant Target Corporation, by and through their
respective counsel hereby stipulate, pursuant to Local Rule 6-144(e), as follows:
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On September 23, 2016, Defendant filed its Notice of Motion and Motion for Protective

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Order to preclude the deposition of Jessica Klocke-Williams, formerly Target’s Senior Paralegal.

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Pursuant to Local Rule 251(a), Defendant selected October 14, 2016 as the hearing date.

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2.

On September 28, 2016, the Court issued an order advising it is unavailable to hear

Defendant’s motion on October 14, 2016.
3.

Good cause exists to hear the matter on shortened notice because the deposition of Ms.

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Klocke-Williams is noticed for October 16, 2016 in Minneapolis, Minnesota. It is Defendant’s position

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that the deposition is improper because it seeks information and documents protected from disclosure by

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the attorney-client privilege and/or the work product doctrine. However, Plaintiff believes that Ms.

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Klocke-Williams was not a paralegal, and that she possesses discoverable percipient witness information

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and information regarding Target’s reasonable accommodation policy and its implementation that no

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one at the Distribution Center level possesses. Before the parties prepare for and make travel

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arrangements for the deposition, Defendant seeks an order from the court determining the propriety of

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this deposition.

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4.

Should the deposition go forward, Defendant will also request guidance from the court as

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to the relevant scope of questioning and a mechanism, such as an opportunity to dial the Court for

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guidance during the deposition if the need arises, so as to prevent the disclosure of privileged

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information or to prevent the need to reconvene the deposition at a later date. Such a mechanism will

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save costs and will assist in discovery matters being resolved prior to the approaching discovery cut-off

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date of November 15, 2016.

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5.

The parties stipulate to an order shortening time for this court to hear Defendant’s motion

on October 7, 2016, at 10:00 a.m.
6.

The parties further stipulate that their joint statement regarding discovery dispute and

supporting documents will be filed by October 4, 2016.

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7.

Should the court be unable to hear the matter on October 7, 2016, the parties agree that

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Ms. Klocke-Williams’ deposition will be continued to a mutually-agreeable date in October, 2016 after

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the court has issued a ruling on Defendant’s motion sufficiently prior to the Discovery Cut-off date so if

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a further dispute arises it may be resolved.

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DATED: September 29, 2016

SEYFARTH SHAW LLP

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By: /s/Enedina S. Cardenas
Laura J. Maechtlen
Enedina S. Cardenas

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Attorneys for Defendant
TARGET CORPORATION

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DATED: September 29, 2016

LAW OFFICES OF JILL TELFER

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By: /s/Jill Telfer (with permission)
Jill Telfer

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Attorney for Plaintiff
JAVIER SOLIS

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ORDER
IT IS ORDERED THAT Defendant Target Corporation’s Motion for Protective Order entitled

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“Motion for Protective Order to Preclude the Deposition of Jessica Klocke-Williams, Formerly Target’s

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Senior Paralegal,” (Dkt. No. 88), shall be heard on October 7, 2016, in Courtroom 27 at 10:00 a.m.

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The parties’ joint statement regarding discovery dispute and supporting documents will be filed by

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October 3, 2016.

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Dated: September 29, 2016

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DLB:6
DLB1\orders.civil\solis0686.stip.short.time.ord

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