Allen, et al v. City of Oakland, et al

Filing 725

ORDER DENYING WITHOUT PREJUDICE re 722 MOTION to Compel Deposition of Mayor Jean Quan filed by Delphine Allen. Signed by Judge Nathanael M. Cousins on 9/7/2012. (nclc1, COURT STAFF) (Filed on 9/7/2012)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 8 DELPHINE ALLEN, and others, 9 Plaintiffs, 10 11 v. Case No. 00-4599 TEH (NC) ORDER DENYING WITHOUT PREJUDICE MOTION TO COMPEL DEPOSITION OF OAKLAND MAYOR JEAN QUAN CITY OF OAKLAND, and others, Re: Dkt. No. 722 12 Defendants. 13 14 The Court addresses the plaintiffs’ motion to compel the deposition of Oakland 15 16 Mayor Jean Quan. Dkt. No. 722. As the City has agreed to produce Mayor Quan for a 17 deposition on September 25, the Court finds that there is no present controversy that 18 requires Court action. If Mayor Quan fails to appear for a deposition by September 25, 19 the motion to compel may be revived and the Court will consider punitive sanctions. At 20 that time, the Court would take into consideration that the deposition was previously 21 schedule on August 30. The City, despite agreeing to produce Mayor Quan for a deposition, nevertheless 22 23 cites to various authorities for the proposition that the deposition should be blocked 24 because it will burden the Mayor. Dkt. No. 724 at p. 3. These objections are poorly 25 timed and not well supported. The City could have filed a motion for protective order as 26 soon as plaintiffs noticed the Mayor’s deposition. It did not do so. The Court therefore 27 expects that Mayor Quan will appear for her deposition on or before September 25. 28 /// Case No. 00-cv-4599 TEH (NC) ORDER DENYING MOTION TO COMPEL 1 2 For these reasons, the hearing scheduled for September 10 is VACATED and the motion to compel is DENIED without prejudice. 3 4 DATED: September 7, 2012 ____________________________ NATHANAEL M. COUSINS United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 00-cv-4599 TEH (NC) ORDER DENYING MOTION TO COMPEL 2

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