Eap v. United States of America et al

Filing 152

ORDER re 145 Letter filed by United States of America, 144 Letter filed by Susan Wyckoff. Unless Judge Illston orders otherwise, plaintiff's any spoliation motion is due 4/1/09. Defendants' opposition is due 4/17/09. Plaintiff's reply is due 4/24/09. A hearing is set for 5/20/09 at 10:00 a.m., beofer Magistrate Judge Zimmerman. Signed by Magistrate Judge Bernard Zimmerman on 1/26/2009. (bzsec, COURT STAFF) (Filed on 1/26/2009) Modified on 1/27/2009 (ys, COURT STAFF).

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) NINTH DISCOVERY ORDER

By letter dated January 19, 2009 (Doc. 146 in Case No. 07-3600) plaintiff Wyckoff seeks to depose the government's IT specialists who attended a meet and confer session on January 14, 2009. By letter dated January 20, 2009 (Doc. 147 in Case Following a

No. 07-3600) the government opposes the request.

telephone conference on January 23, 2009, at which the parties 1

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

were represented by counsel, IT IS HEREBY ORDERED as follows: 1. Plaintiff's request to depose the government's IT I find no need for further argument or

specialists is DENIED. briefing. 2.

If plaintiff believes that defendant United States of

America has not produced all the discovery he sought, plaintiff is given leave to file a motion to compel discovery to be heard on the court's regular motion calendar. Plaintiff's Civil Local Rule 37-2 statement shall be signed by the most senior attorney representing plaintiff. The court

will deem that attorney's signature as certifying that the attorney has read the LR 37-2 statement and that the discovery sought is consistent with Federal Rules of Civil Procedure 1 and 26, especially 26(b). Defendant's opposition shall be

signed by the most senior attorney representing defendant. The court will deem that attorney's signature as certifying that the attorney has read the opposition and that the objections to discovery are consistent with Federal Rules of

Civil Procedure 1 and 26, especially 26(b). 3. Unless Judge Illston orders otherwise, plaintiff shall file any spoliation motion by April 1, 2009. Defendants'

opposition shall be filed no later than April 17, 2009. Plaintiff's reply shall be filed by April 24, 2009. A hearing

is scheduled for Wednesday, May 20, 2009 at 10:00 a.m., in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. Dated: January 26, 2009 Bernard Zimmerman United States Magistrate Judge 2 g:\bzall\-refs\Wyckoff v. USA\Disc9.ord.final version.wpd