Eap v. United States of America et al

Filing 87

FOURTH DISCOVERY ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/14/2008. (bzsec, COURT STAFF) (Filed on 10/14/2008)

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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 ) ) ) Plaintiff(s), ) ) v. ) UNITED STATES OF AMERICA, et) ) al., ) ) Defendant(s). ) ) SUSAN WYCKOFF, ) ) Plaintiff(s), ) ) v. ) UNITED STATES OF AMERICA, et) ) al., ) ) Defendant(s). ) CHARLIE EAP, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C07-2301 SI (BZ) No. C07-3600 SI (BZ) FOURTH DISCOVERY ORDER Following a telephone conference at which the parties were represented by counsel, IT IS HEREBY ORDERED as follows: 1. I find no need for further briefing on numbers 2, 3, 4 and 5 of this order. 2. All counsel are to read Rule 1 of the Federal Rules of Civil Procedure before doing anything further. 3. The depositions stipulated to during the telephone 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 conference on October 10, 2008 are to proceed as scheduled, unless the parties stipulate otherwise. 4. Any outstanding discovery response which has not been verified must be verified by Friday, October 17, 2008. 5. Any documents requested by plaintiffs which have not yet been produced must be produced by Friday, October 17, 2008. 6. If, after October 17, 2008, plaintiffs are unsatisfied with defendants' response, plaintiffs are given leave to file a motion to compel. 7. By October 16, 2008, each interested party shall submit two page letter briefs on the following two issues if they have not been resolved: A. Whether a 30(b)(6) deposition with multiple topics can count as more than one deposition? B. Whether a party responding to a request for production of documents has a duty to seek documents from former employees. A telephone conference to discuss these issues is scheduled for October 20, 2008 at 3:00 p.m. Counsel shall contact CourtCall, telephonic court appearances at 1-888-8826878, and make arrangements for the telephonic conference call. 8. Plaintiffs shall file their spoliation motion for hearing on either January 21, 2009 or February 4, 2009. Dated: October 14, 2008 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-REFS\WYCKOFF V. USA\DISC4.ORD.wpd 2

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