Cotterill v. City and County of San Francisco et al

Filing 127

ORDER RE: REQUEST FOR CLARIFICATION. Signed by Judge Jeffrey S. White on 3/24/09. (jjo, COURT STAFF) (Filed on 3/24/2009)

Case 3:08-cv-02295-JSW

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Filed 03/23/2009

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy SCOTT D. WIENER, State Bar #189266 Deputy City Attorney 1390 Market Street, 7th Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, GAVIN NEWSOM, MITCHELL KATZ, HEATHER FONG, MATTHEW MASON, HUGH HALL, GREGORY HICKS, LEON LOEW, JOHN CRUDO, PAUL DAVIES, JEFF ADACHI, ROBERT BUNKER, AND TROY WILLIAMS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CHERYL COTTERILL, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, ET AL. Defendants. Case No. CV-08-02295 JSW REQUEST FOR CLARIFICATION REGARDING MARCH 23, 2009, DISCOVERY ORDER

REQUEST FOR CLARIFICATION Cotterill v. CCSF, et al. ­ USDC No. CV-08-02295 JSW

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Case 3:08-cv-02295-JSW

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The City Defendants respectfully request that the Court clarify several aspects of its March 23, 2009, ORDER RE MOTION TO CONTINUE DISCOVERY CUTOFF AND REQUEST ADDITIONAL DEPOSITIONS. 1. The order states that "Plaintiff may have an extension of time until May 1, 2009 to

complete expert and non-expert discovery in this matter." Defendants request clarification regarding whether that extension of the discovery cutoff applies to all parties or just to Plaintiff. The City Defendants believe that if discovery is extended for Plaintiff, it should be extended for all parties. 2. The order does not address the deadline to disclose experts. Currently, the deadline to

disclose experts under the Court's case management order is April 1, 2009, the same day as the fact discovery cutoff. It is unclear if the Court intended to keep the expert disclosure deadline as April 1 or if the Court intended to change the expert disclosure deadline to May 1. The City Defendants request clarification on that point and further request that any extension of the expert disclosure deadline apply to all parties, not just Plaintiff. The City Defendants note that it would be awkward for expert disclosures to occur before the close of fact discovery. 3. The deadline to complete expert discovery (as opposed to disclosures), under the

Court's case management order, is May 4, 2009. The Court's March 23 order indicates that Plaintiff's deadline to complete expert discovery is now May 1, 2009, and is silent as to Defendants' deadline. The City Defendants request clarification as to when expert discovery now cuts off. The City Defendants suggest that if expert disclosures are still due on April 1, then expert discovery should continue to cut off on May 4 for all parties. However, if the Court is extending the expert disclosure deadline to May 1, then the City Defendants suggest that the expert discovery deadline be extended a corresponding amount of time, to June 5, 2009. 4. The Court's order appears to provide that Plaintiff may take a maximum of 15

depositions in addition to the depositions of Ms. Masi and Dr. Imara. Defendants request clarification as to whether that was the Court's intended ruling.

REQUEST FOR CLARIFICATION Cotterill v. CCSF, et al. ­ USDC No. CV-08-02295 JSW

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Case 3:08-cv-02295-JSW

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Dated: March 23, 2009 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SCOTT D. WIENER Deputy City Attorney -/s/By SCOTT D. WIENER Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, GAVIN NEWSOM, MITCHELL KATZ, HEATHER FONG, MATTHEW MASON, HUGH HALL, GREGORY HICKS, LEON LOEW, JOHN CRUDO, PAUL DAVIES, JEFF ADACHI, ROBERT BUNKER, AND TROY WILLIAMS Scott D. Wiener

To clarify, the discovery cutoff is extended for ALL parties until May 1, 2009. The deadline to disclose experts is April 1, 2009. The deadline for ALL parties to complete expert discovery is May 1, 2009. Plaintiff may take a total of 17 depositions, now including the depositions of Ms. Masi and Dr. Imara (who were previously unavailable).

Dated: March 24, 2009
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REQUEST FOR CLARIFICATION Cotterill v. CCSF, et al. ­ USDC No. CV-08-02295 JSW

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