Mitchell et al v. City of Pittsburg et al

Filing 194

ORDER RE: EXTENSION OF TIME FOR DEPOSITION (Illston, Susan) (Filed on 5/31/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TIMOTHY MITCHELL, SR., et al.

United States District Court
For the Northern District of California

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ORDER RE: EXTENSION OF TIME FOR
DEPOSITION

Plaintiffs,

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No. C 09-00794 SI

v.
CITY OF PITTSBURG, et al.,
Defendants.

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On May 24, 2012, plaintiffs’ counsel Steven Yourke submitted a letter to the Court requesting
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an extension of time to complete the deposition of Louis Lombardi. Yourke informs the Court that
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during the May 18, 2012 deposition of Lombardi, Lombardi’s counsel Peter Edrington objected to
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Lombardi’s answering any questions relating to Commander Norman Wielsch, out of fear that such
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answers may affect Lombardi’s plea agreement. Edrington has since been informed by the U.S.
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Attorney’s Office that it has no objection to Lombardi’s testifying at deposition about Commander
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Wielsch. However, when Yourke attempted to make arrangements to complete the deposition, he was
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informed that Lombardi has been transferred to an undisclosed, out-of-state federal prison. Yourke
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requests a 90-day extension of time to complete the deposition. Edrington informs the Court via a May
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25, 2012 letter that he will have the particulars regarding Lombardi’s specific location by this week, and
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requests that Yourke be required to complete the deposition within 10 days of his sharing that
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information with Yourke.
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Once Edrington shares with Yourke the location of Lombardi, Yourke shall have 30 days to
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complete the deposition. Considering the limited nature of the information Lombardi has left to testify
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to, and the expense to the parties of arranging an in-person deposition, the Court recommends that

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plaintiffs engage in a telephonic or written deposition of Lombardi, which may be coordinated with the

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prison officials. The Court can provide an Order to that effect if necessary.

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IT IS SO ORDERED.

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Dated: May 31, 2012
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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