George et al v. Sonoma County Sherrif's Department et al

Filing 263

ORDER Signed by Magistrate Judge Elizabeth D. Laporte on 2/1/2010 Granting in part & Denying in part re 220 Motion to Compel; Granting in part & Denying in part re 234 Motion to Quash. (edllc2, COURT STAFF) (Filed on 2/1/2010)

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Case3:08-cv-02675-EDL Document262 Filed01/28/10 Page1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Gregory G. Spaulding, Esq. (SB# 106606) Terry S. Sterling, Esq. (SB# 106379) SPAULDING McCULLOUGH & TANSIL LLP 90 South E Street, Suite 200 P.O. Box 1867 Santa Rosa, CA 95402 Telephone: (707) 524-1900 / Facsimile: (707) 524-1906 spaulding@smlaw.com; sterling@smlaw.com Attorneys for Defendants SONOMA COUNTY SHERIFF'S DEPARTMENT, BILL COGBILL and COUNTY OF SONOMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA VALERIE GEORGE, as Administrator and Personal Representative of THE ESTATE OF RYAN GEORGE; VALERIE GEORGE and TAJMAH BEAUCHAMP, as Legal Representatives for Jaida George and Ryan George, Jr.; VALERIE GEORGE, Individually; DONALD GEORGE; and TAJMAH BEAUCHAMP, Individually, Plaintiffs, Case No.: 3:08-cv-02675-EDL [PROPOSED] ORDER ON PLAINTIFFS' MOTION TO COMPEL AND COUNTY DEFENDANTS' MOTION TO QUASH Date: January 12, 2010 Time: 2:00 p.m. Ctrm: E, 15th Floor Magistrate Judge Elizabeth D. Laporte 16 vs. 17 18 19 20 21 22 23 24 25 26 27 28 SONOMA COUNTY SHERIFF'S DEPARTMENT; BILL COGBILL; COUNTY OF SONOMA; CALIFORNIA FORENSIC MEDICAL GROUP, INC.; JAMES LUDERS, M.D.; MICHAEL E. DAGEY, R.N.; SUTTER HEALTH; SUTTER MEDICAL CENTER OF SANTA ROSA; EDWARD W. HARD, M.D.; RICHARD FLINDERS, M.D.; JOSEPH N. MATEL, M.D.; NORICK JANIAN, M.D.; and DOES 1 through 25, inclusive, Defendants. Plaintiffs filed their Motion to Compel on November 13, 2009. On December 11, 2009, this Court filed its Order Setting Briefing Schedule And Hearing Date For Plaintiffs' Motion To Compel Depositions Of District Attorney Stephan Passalacqua, Assistant District Attorney Robert LaForge And Dr. R. Ward Hagar And Finding The Remainder Of Plaintiffs' Motion To Compel Untimely. 1 [PROPOSED] ORDER ON PLAINTIFFS' MOTION TO COMPEL AND COUNTY DEFENDANTS' MOTION TO QUASH 3:08-cv-02675-EDL Case3:08-cv-02675-EDL Document262 Filed01/28/10 Page2 of 2 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 The December 11, 2009 Order disposed of the most of Motion to Compel, with the exception of plaintiffs' request for an Order allowing them to take the depositions of District Attorney Stephan Passalacqua, Assistant District Attorney Robert LaForge and Dr. R. Ward Hagar. Plaintiffs' request to take those depositions, and the County defendants' Motion To Quash Deposition Subpoenas For Depositions Of Dr. R. Ward Hagar, Stephen Passalacqua And Robert La Forge, came on for hearing on January 12, 2010. After considering all pleadings, papers and arguments in support of and in opposition to the Motion to Compel and the Motion to Quash, and good cause appearing therefore, IT IS HEREBY ORDERED that the Motions are denied in part and granted in part. The Motion to Compel's request for an Order allowing plaintiffs to take the depositions of District Attorney Stephan Passalacqua, Assistant District Attorney Robert LaForge and Dr. R. Ward Hagar is denied. Sonoma County's counsel has represented to the Court that Sonoma County will not call Dr. Hagar as an expert in this case. The Motion to Quash the deposition subpoenas served on District Attorney Stephan Passalacqua, Assistant District Attorney Robert LaForge and Dr. R. Ward Hagar is granted. IT IS HEREBY FURTHER ORDERED that the Motion to Compel the Sonoma County District Attorney's Office to produce copies of any witness statements relating to the District Attorney's investigation into the death of Ryan George that are in the custody or under the control of the Sonoma County District Attorney's Office, is granted. Copies of such witness statements shall be produced by the Sonoma County District Attorney's Office within twenty (20) days of the date of this Order. DATED: February 1 , 2010 HONORABLE ELIZABETH D. LAPORTE 2 [PROPOSED] ORDER ON PLAINTIFFS' MOTION TO COMPEL AND COUNTY DEFENDANTS' MOTION TO QUASH 3:08-cv-02675-EDL

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