Bohnel et al v. Jetblue Airways Corporation

Filing 68

ORDER signed by Magistrate Judge Deborah Barnes on 6/01/21 GRANTING IN PART AND DENYING IN PART 63 Joint Motion for Discovery. Within 14 days of the date of this order defendant shall produce to plaintiffs the ASAP reports at issue. Defendants requ est for second depositions of plaintiffs is granted but the second deposition shall be limited to only those matters not addressed in the first deposition. The deadline for the completion of fact and expert discovery is extended to October 4, 2021. The parties motions are denied in all other respects without prejudice to renewal. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHELLE HILL, an individual, and
ARIEL EPSTEIN POLLACK, an
individual,

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Plaintiffs,
v.
JETBLUE AIRWAYS CORPORATION, a
Delaware corporation,
Defendant.

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ERICKA BOHNEL, an individual, and
ROSA MARTINEZ, an individual,
Plaintiffs,

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No. 2:17-cv-1604 WBS DB

No. 2:18-cv-0081 WBS DB

ORDER

v.
JETBLUE AIRWAYS CORPORATION, a
Delaware corporation,
Defendant.

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On May 28, 2021, this matter came before the undersigned pursuant to Local Rule

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302(c)(1) for hearing of the parties’ joint motions for discovery. Attorney Rachel Luke appeared

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via Zoom on behalf of the plaintiffs. Attorneys Ashley Shively and Gary Halbert appeared via
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Zoom on behalf of the defendant. Oral argument was heard and the motions were taken under

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submission.

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Upon consideration of the arguments on file and those made at the hearing, and for the
reasons set forth on the record at that hearing, IT IS HEREBY ORDERED that:
1. The parties’ joint motions for discovery (Hill ECF No. 68 & Bohnel ECF No. 63) are

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granted in part and denied in part;

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2. Within fourteen days of the date of this order defendant shall produce to plaintiffs the
ASAP reports at issue;
3. Defendant’s request for second depositions of plaintiffs is granted but the second

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deposition shall be limited to only those matters not addressed in the first deposition;

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4. The deadline for the completion of fact and expert discovery is extended to October 4,
2021; and
5. The parties’ motions are denied in all other respects without prejudice to renewal.1

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Dated: June 1, 2021

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DLB:6
DB/orders/orders.civil/hill1604.oah.052821

At the May 28, 2021 hearing, the parties’ sought further guidance from the undersigned as to
“Plaintiffs’ Proposed Order re Rule 35 Examinations” on Independent Medical Examinations of
the plaintiffs. The parties are advised that, absent an agreement by the parties, the court can only
order a Rule 35 examination “on motion for good cause” and which specifies the “the time, place,
manner, conditions, and scope of the examination, as well as the person or persons who will
perform it.” Fed. R. Civ. P. 35(a)(2)(A)-(B). Moreover, the Joint Statements raise a number of
individual disputes surrounding these examinations—length, method, recording, the presence of a
third party, location, etc.—in a cursory manner. To properly resolve such issues more specific
and elaborate briefing would be necessary. The same can be said of defendant’s arguments
concerning plaintiffs’ non-compliant written discovery responses concerning the computation of
damages.
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