The Estate of Jerry A. Amaro III et al v. City of Oakland et al

Filing 117

ORDER RE PLAINTIFFS' REQUEST TO REOPEN DISCOVERY re 116 Letter, filed by Stephanie Montoya, The Estate of Jerry A. Amaro III, Geraldine Montoya. Signed by Judge Alsup on May 9, 2011. (whalc1, COURT STAFF) (Filed on 5/9/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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THE ESTATE OF JERRY A. AMARO III,
GERALDINE MONTOYA, and
STEPHANIE MONTOYA,

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For the Northern District of California

United States District Court

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Plaintiffs,
v.
CITY OF OAKLAND, RICHARD WORD,
EDWARD POULSON, R. HOLMGREN, S.
NOWAK, M. BATTLE, E. KARSSEBOOM,
C. BUNN, M. PATTERSON, individually
and in their capacities as members of the City
of Oakland Police Department, and DOES
1–100, inclusive,

ORDER RE
PLAINTIFFS’
REQUEST
TO REOPEN
DISCOVERY

Defendants.
/

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No. C 09-01019 WHA

On May 9, plaintiffs’ counsel filed a letter “urgently requesting that the Court exercise its

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discretion to reopen discovery so that the Plaintiffs may obtain discovery of a new City of

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Oakland Police Department Internal Affairs Investigation relating to the subject matter of this

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action” (Dkt. No. 116). The record for the interlocutory appeal already has been determined. The

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Court cannot see how any discovery acquired after the ruling being appealed would be of any

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benefit to either side on appeal. Accordingly, the request is DENIED. If the ruling is affirmed,

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then the Court might reopen discovery at that juncture after hearing both sides’ positions.

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IT IS SO ORDERED.

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Dated: May 9, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE