Cooke, et al v. City of Stockton, et al

Filing 83

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BREANNA COOKE, et al,

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No. 2:14-cv-0908-KJM-KJN

Plaintiffs,
v.

ORDER

CITY OF STOCKTON, et al,

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Defendants.

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An informal telephonic discovery conference was held on July 11, 2017, at 10:00 a.m.

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Attorneys Benjamin Nisenbaum and James Cook appeared on behalf of plaintiffs, and attorneys

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Carolyn Frank and Ronald Scholar appeared on behalf of defendants. During the conference, it

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was established that plaintiffs’ counsel had not reached out to all of the potential witnesses to

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ascertain their availability for depositions dates, and Mr. Nisenbaum admitted to not having read

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Ms. Frank’s letter (ECF No. 80), which precipitated the conference.

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During the discussion, the parties were able to confirm a few depositions. As to the

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remaining deponents, plaintiffs were unprepared to set dates during the conference. Accordingly,

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IT IS HEREBY ORDERED that:

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1.

A subsequent informal telephonic discovery conference is set for Thursday, July

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13, 2017, at 9:30 a.m. (with the parties to inform the court by 9:00 a.m. that day

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whether the conference is still needed).
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2.

Prior to the next conference, plaintiffs’ counsel shall provide defendants’ counsel

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dates, times, and locations for the depositions of: Sayee McCarthy; Landis Cooke;

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Hans Madave; and Mr. Roger Clark. Plaintiffs’ counsel shall prepare a joint

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statement and proposed stipulation to modify discovery deadlines, on behalf of the

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parties. This joint statement and proposed stipulation shall be provided to the

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court no later than 9:00 a.m. on July 13, 2017. The court will consider the

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necessity of sanctions during the upcoming conference, if plaintiffs are unable to

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contact proposed witnesses and/or confirm deposition dates.

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3.

The following depositions will move forward as scheduled, with court reporters to

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be provided by defendants:

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a.

Dr. Bennet Omalu on July 14, 2017, at 9:00 a.m.

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b.

Sheila Blakely-Sinclair on July 17, 2017, at 1:30 p.m.

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c.

Dr. Werner Spitz on July 18, 2017, at 10:30 a.m., at Dr. Spitz’s office

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outside of Detroit, MI. (Plaintiffs’ counsel shall insure that defendants

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have the address of Dr. Spitz’s office.)

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d.

Dr. Alan Barbour on July 21, 2017, at 10:00 a.m.

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e.

Dr. BL Posey on July 21, 2017, at 12:00 p.m.

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IT IS SO ORDERED.
Dated: July 11, 2017

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