Davis v. Barnhart et al

Filing 341

ORDER re (337 in 3:06-cv-06108-EMC) Requesting Additional Briefing; Vacating Hearing. Signed by Judge Nathanael M. Cousins on 05/15/2012. (nclc2, COURT STAFF) (Filed on 5/15/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TERRENCE DAVIS,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner
of the Social Security Administration,

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Defendant.
_____________________________________

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Case No. 06-cv-06108 EMC (NC)
ORDER REQUESTING
ADDITIONAL BRIEFING;
VACATING HEARING
Re: Dkt. No. 337

JOHN DOE,

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Plainitff,

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Related Case: No. 09-cv-00980 EMC
(NC)

v.

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MICHAEL J. ASTRUE, Commissioner
of the Social Security Administration,
Defendant.

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The parties filed a joint letter brief, Dkt. No. 337, regarding ongoing discovery

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disputes including: (1) naming potential deponents and scheduling depositions; (2)

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supplementing responses to interrogatories and document requests; and (3) conducting

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independent medical examinations of the named plaintiffs.

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In consideration of the parties’ joint letter brief, and the representations made by

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counsel at the May 15, 2012 telephonic discovery conference, the Court orders the

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following:
Case No. 06-cv-06108 EMC (NC)
ORDER RE: DISCOVERY DISPUTE

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(1) The parties are first ordered to meet and confer as to the specific discovery

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requests that remain at issue. On or before May 18, 2012, plaintiffs are ordered to lodge

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with chambers the parties’ document requests, interrogatories, and related responses,

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highlighting the particular requests remaining in dispute.

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(2) The parties also are ordered to meet and confer regarding a joint discovery

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plan, which is to be filed with the court on or before May 29, 2012. The discovery plan

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shall include the following: the date by which the parties intend to produce supplemental

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responses to interrogatories and document requests; the name of the SSA employee that

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made the initial decision to reduce plaintiff Doe’s SSI benefits in 2007, as well as the date

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scheduled for his/her deposition; the date by which SSA intends to file its Rule 35 motion

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seeking plaintiffs’ independent medical examinations, and, if the Court is to grant the

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Rule 35 motion, the date by which SSA intends to have the examinations completed.1

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(3) As to the deposition of SSA employee Mandy Chan, on or before May 25,

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2012 SSA is ordered to produce to plaintiffs, as well as lodge a copy with chambers, a

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declaration providing the reasons for which Ms. Chan is unavailable for deposition. The

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declaration is to be signed under penalty of perjury.

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(4) Finally, the parties are ordered by May 18, 2012 to provide the Court with a

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brief status report updating the Court as to resolution of any issues raised in the April 27

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letter brief, Dkt. No. 337, and informing the court of any recent discovery disputes.

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The Court will address the remaining discovery disputes at that time. The
discovery hearing scheduled for May 16, 2012 is VACATED.
IT IS SO ORDERED.

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DATED: May 15, 2012
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___________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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The Court GRANTS defendant SSA’s request for leave to file a Rule 35 motion
for independent medial examination and supporting declaration(s).
Case No. 06-cv-06108 EMC (NC)
ORDER RE: DISCOVERY DISPUTE

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