Castro v. Terhune, et al

Filing 289

ORDER REGARDING MAY 21 HEARING ON PLAINTIFF'S MOTION TO COMPEL. Signed by Judge Alsup on June 3, 2010. (whalc2, COURT STAFF) (Filed on 6/3/2010)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES E. BURNS, JR. (SBN 53250) jburns@orrick.com ERICH F. LICHTBLAU (SBN 184450) elichtblau@orrick.com JAMES E. THOMPSON (SBN 240979) jthompson@orrick.com TARA M. MCMANIGAL (SBN 252076) tmcmanigal@orrick.com DONALD SNEAD (SBN 256138) dsnead@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building, 405 Howard Street San Francisco, CA 94105-2669 Telephone: 415-773-5700 Facsimile: 415-773-5759 Attorneys for Plaintiff Carlos Castro UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Carlos Castro, Plaintiff, v. Cal Terhune, Director, California Department of Corrections, Bonnie G. Garibay; J. Batchelor; S. C. Wolhwend; A. Scribner; J. Stokes; M. Yarborough; L. Hood; C. Campbell; A. M. Gonzalez; M. Ayala; E. Derusha, c/o Robert L. Ayers, Warden; J. Martinez Defendants. Case No. 3:98-CV-04877-WHA [PROPOSED] ORDER REGARDING MAY 21, 2010 HEARING ON PLAINTIFF'S MOTIONS TO COMPEL [PROPOSED] ORDER OHS West:260922775.1 3:98-CV-04877-WHA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to the May 24, 2010 hearing on Plaintiff's motions to compel production of documents and deposition testimony, the Court hereby orders: (1) Defendants waived the attorney-client privilege with respect to the subject matter of the involvement of the Office of the Attorney General in and leading up to the re-validation of Plaintiff as a prison gang associate in August/September, 2009. Defendants shall submit documents withheld as privileged for in camera review on May 28, 2010 so that the Court may determine whether they fall within the subject matter of the waiver. On May 28, 2010 Plaintiff shall submit excerpts of depositions where witnesses were instructed not to answer questions on attorney-client privilege grounds so that the Court can determine whether the deposition should be reopened and the questions allowed because the subject matter of the underlying question has been waived. (2) Defendants shall take Mr. Castro's deposition on May 25, 2010. (3) Defendants shall produce to Plaintiff documents that state the reason for denying Mr. Castro's mother's visitation of Mr. Castro and documents that propose to terminate Mr. Castro's mother's visitation rights and state a reason for it. (4) Plaintiff shall be permitted to take an additional four depositions. Although the parties failed to raise the issue, to afford adequate time to conduct the depositions, the non-expert discovery cut-off shall be extended to June 14, 2010. If any witness is not available until after June 14, 2010, their deposition shall be conducted as soon as practicable thereafter. Similarly, the last date for designation of expert testimony and disclosure of full expert reports under FRCP 26(a)(2) shall be extended to June 14, 2010 so that the additional deposition testimony can be utilized in the export reports. All other expert-discovery deadlines shall similarly be extended. No other deadlines set forth in the Court's January 22, 2010 Order shall be altered at this time. IT IS SO ORDERED. UNIT ED S DISTRICT TE C TA RT U O S ER N OHS West:260922775.1 1 F D IS T IC T O R A C LI FO R NIA June 3, 2010. Dated: ____________________ _________________________________________ HONli.am AlIup LIAM ALSUP W sL il ud e S UniJtegdW tates District Court Judge NO O IT IS S E ORDER D RT H [PROPOSED] ORDER 3:98-CV-04877-WHA

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?