Eap v. United States of America et al

Filing 112

SEVENTH DISCOVERY ORDER. Signed by Magistrate Judge Bernard Zimmerman on 11/24/2008. (bzsec, COURT STAFF) (Filed on 11/24/2008)

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 CHARLIE EAP, ) ) Plaintiff(s), ) ) v. ) ) UNITED STATES OF AMERICA, et) al., ) ) Defendant(s). ) ) SUSAN WYCKOFF, ) ) Plaintiff(s), ) ) v. ) ) UNITED STATES OF AMERICA, et) al., ) ) Defendant(s). ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C07-2301 SI (BZ)

No. C07-3600 SI (BZ) SEVENTH DISCOVERY ORDER

Before the Court is a letter from plaintiff Wyckoff dated November 20, 2008 (Doc. 108) which I have deemed to be a motion for a protective order delaying one or more depositions scheduled to begin Monday, November 24, 2008. Also before the

court is a letter from the government dated November 20, 2008 (Doc. 111) which I have deemed an opposition to the motion for 1

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protective order.

Following a telephone conference to resolve

the dispute, held on November 21, 2008 at 3:00 p.m., at which the parties were represented by counsel, IT IS HEREBY ORDERED that the motion is DENIED for the following reasons: 1. Plaintiff's principal complaint is that she received

certain documents relevant to those depositions on October 31, 2008 which should have been produced earlier. Plaintiff has

not shown good cause for delaying her filing of the motion for protective order until the Thursday before the depositions were to have taken place. 2. Nor has plaintiff satisfactorily explained why she

agreed to the deposition schedule on November 12, 2008 knowing that she would be examining witnesses about documents she had received on October 31, 2008. 3. Plaintiff has not established that any prejudice will

result from the taking of the scheduled depositions that cannot be cured by a subsequent order of the court. 4. It has been very difficult to get the parties to There is no good

agree on the current deposition schedule.

reason why the schedule should not go forward as agreed. Dated: November 24, 2008 Bernard Zimmerman United States Magistrate Judge

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