San Francisco Baykeeper v. West Bay Sanitary District

Filing 124

ORDER Re 122 Parties' Joint Letter of April 13, 2011 Re Depositions. Signed by Judge Edward M. Chen on 4/22/2011. (emcsec, COURT STAFF) (Filed on 4/22/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO BAYKEEPER,

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Plaintiff,

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v.

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For the Northern District of California

United States District Court

No. C-09-5676 EMC

WEST BAY SANITARY DISTRICT,

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ORDER RE PARTIES’ JOINT LETTER
OF APRIL 13, 2011 RE DEPOSITIONS

Defendant.
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(Docket No. 122)

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The Court, having reviewed the parties’ joint letter of April 13, 2011, and for the reasons

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stated on the record in the telephone conference of April 21, 2011, DENIES Baykeeper’s request to

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compel Mr. Scott to answer the questions asked in his deposition to which he asserted the Fifth

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Amendment. It does so without ruling on whether Baykeeper may ask that an adverse inference be

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drawn as to questions for which a witness refuses to respond by invoking the Fifth Amendment. The

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Court also indicated that it would not look favorably upon any witness who invokes the Fifth

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Amendment in depositions but then decides to waive the privilege at trial in order to give testimony.

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The Court further ruled that Baykeeper may proceed to submit written questions to Mr. Scott in a

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further/continued deposition. Finally, the Court urged the parties to meet and confer and determine

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whether certain information can be obtained via narrowly tailored written interrogatories directed to

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the District (in lieu of a deposition) pursuant to a stipulation to waive the discovery deadline.

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This order disposes of Docket No. 122.

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IT IS SO ORDERED.

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Dated: April 22, 2011

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_________________________
EDWARD M. CHEN
United States Magistrate Judge

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For the Northern District of California

United States District Court

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