Cooke, et al v. City of Stockton, et al
ORDER signed by Magistrate Judge Kendall J. Newman on 07/11/17 ORDERING that a subsequent informal telephonic discovery conference is set for Thursday, 07/13/17, at 9:30 a.m. (with the parties to inform the court by 9:00 a.m. that day whether the con ference is still needed). Prior to the next conference, plaintiffs' counsel shall provide defendants' counsel dates, times, and locations for the depositions of: Sayee McCarthy; Landis Cooke; Hans Madave; and Mr. Roger Clark. Plaintiffs 9; counsel shall prepare a joint statement and proposed stipulation to modify discovery deadlines, on behalf of the parties which shall be due to the court no later than 9:00 a.m. on 07/13/17. The following depositions will move forward as scheduled, with court reporters to be provided by defendants: Dr. Bennet Omalu on 07/14/17, at 9:00 a.m.; Sheila Blakely-Sinclair on 07/17/17, at 1:30 p.m.; Dr. Werner Spitz on 07/18/17, at 10:30 a.m., at Dr. Spitz's office outside of Detroit, MI. (Plaintiffs' counsel shall insure that defendants have the address of Dr. Spitz's office.); Dr. Alan Barbour on 07/31/17, at 10:00 a.m. and Dr. BL Posey on 07/21/17, at 12:00 p.m. (Benson, A)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
BREANNA COOKE, et al,
CITY OF STOCKTON, et al,
An informal telephonic discovery conference was held on July 11, 2017, at 10:00 a.m.
Attorneys Benjamin Nisenbaum and James Cook appeared on behalf of plaintiffs, and attorneys
Carolyn Frank and Ronald Scholar appeared on behalf of defendants. During the conference, it
was established that plaintiffs’ counsel had not reached out to all of the potential witnesses to
ascertain their availability for depositions dates, and Mr. Nisenbaum admitted to not having read
Ms. Frank’s letter (ECF No. 80), which precipitated the conference.
During the discussion, the parties were able to confirm a few depositions. As to the
remaining deponents, plaintiffs were unprepared to set dates during the conference. Accordingly,
IT IS HEREBY ORDERED that:
A subsequent informal telephonic discovery conference is set for Thursday, July
13, 2017, at 9:30 a.m. (with the parties to inform the court by 9:00 a.m. that day
whether the conference is still needed).
Prior to the next conference, plaintiffs’ counsel shall provide defendants’ counsel
dates, times, and locations for the depositions of: Sayee McCarthy; Landis Cooke;
Hans Madave; and Mr. Roger Clark. Plaintiffs’ counsel shall prepare a joint
statement and proposed stipulation to modify discovery deadlines, on behalf of the
parties. This joint statement and proposed stipulation shall be provided to the
court no later than 9:00 a.m. on July 13, 2017. The court will consider the
necessity of sanctions during the upcoming conference, if plaintiffs are unable to
contact proposed witnesses and/or confirm deposition dates.
The following depositions will move forward as scheduled, with court reporters to
be provided by defendants:
Dr. Bennet Omalu on July 14, 2017, at 9:00 a.m.
Sheila Blakely-Sinclair on July 17, 2017, at 1:30 p.m.
Dr. Werner Spitz on July 18, 2017, at 10:30 a.m., at Dr. Spitz’s office
outside of Detroit, MI. (Plaintiffs’ counsel shall insure that defendants
have the address of Dr. Spitz’s office.)
Dr. Alan Barbour on July 21, 2017, at 10:00 a.m.
Dr. BL Posey on July 21, 2017, at 12:00 p.m.
IT IS SO ORDERED.
Dated: July 11, 2017
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