Plata et al v. Schwarzenegger et al

Filing 1458

ORDER by Judge John F. Moulds granting in part and denying in part 1412 Plaintiffs' motion for order compelling deposition of certain legislative intervenors and 1414 Legislative Intervenors' motion for protective order. Depositions of Senator George Runner and Assemblyman Todd Spitzer shall be taken. Depositions of Senator David Codgill and Assemblyman Michael Villines shall not be taken. (tehlc3, COURT STAFF) (Filed on 9/8/2008)

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IN THE UNITED STATES DISTRICT COURTS FOR THE EASTERN DISTRICT OF CALIFORNIA AND THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE

RALPH COLEMAN, et al., Plaintiffs, NO. CIV S-90-0520 LKK JFM P THREE-JUDGE COURT

ARNOLD SCHWARZENEGGER, et al., Defendants. MARCIANO PLATA, et al., Plaintiffs,

NO. C01-1351 TEH THREE-JUDGE COURT ORDER

ARNOLD SCHWARZENEGGER, et al., Defendants.

This matter came on for hearing on September 5, 2008 on plaintiffs' motion to compel

21 depositions of certain legislator intervenors and on the motion of those legislator intervenors 22 for protective order. Edward P. Sangster, Esq., appeared as counsel for plaintiffs. Galit A. 23 Knotz, Esq. and Chad A. Stegeman, Esq., appeared as counsel for plaintiffs. 24 After review of the papers filed in support of an in opposition to the motions, and

25 consideration of the arguments of counsel, the court announced to the parties that the motion 26 to compel would be granted as to the depositions of Senator George Runner and 27 Assemblyman Todd Spitzer, with each deposition limited to four hours. The court further 28 announced that the motion for protective order would be granted as to the depositions of

1 Senator David Cogdill and Assemblyman Michael Villines. After a brief recess, the parties 2 jointly represented that the depositions of Senator Runner and Assemblyman Spitzer will be 3 conducted on September 24, 2008, one deposition to commence at 9:00 a.m. and the other at 4 1:30 p.m. 5 6 In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiffs' August 21, 2008 motion for order compelling depositions of certain

7 legislator intervenors is granted in part. 8 9 part. 10 3. The deposition of Senator George Runner will be taken on September 24, 2008 at 2. Legislator Intervenors' August 21, 2008 motion for protective order is granted in

11 9:00 a.m. Said deposition shall not exceed four hours. 12 4. The deposition of Assemblyman Todd Spitzer will be taken on September 24, 2008

13 at 1:30 p.m. Said deposition shall not exceed four hours. 14 5. The depositions of Senator David Cogdill and Assemblyman Michael Villines will

15 not be taken. 16 6. The schedule for the foregoing depositions may only be modified by joint

17 agreement of the parties; any agreement must be in writing and consistent with the schedule 18 for these proceedings set by the three-judge court. 19 DATED: September 8, 2008. 20 21 22 23 24 25 26 27 28 2
12 discovery 33.o