Smith v. Oakland Unified School District et al

Filing 50

ORDER RE INTERIM DISCOVERY AND FURTHER SETTLEMENT CONFERENCE. Signed by Magistrate Judge Maria-Elena James on 3/19/2013. (rmm2S, COURT STAFF) (Filed on 3/19/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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LADONNA SMITH, as Guardian ad Litem for
Unborn Baby Brown

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Plaintiff,
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v.

Case No. C 3:11-05675 EMC (MEJ)
Related Case: C 3:11-02354 EMC (MEJ)

ORDER RE INTERIM DISCOVERY
AND FURTHER SETTLEMENT
CONFERENCE

OAKLAND UNIFIED SCHOOL DISTRICT,
BARHIN BHATT, and JONATHON
BELLUSA,
Defendants.
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The Court hereby ORDERS further deposition of Peace Officer Jonathon Bellusa totaling 8.5

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hours to be apportioned as follows: (1) Plaintiffs attorney David Kelvin will be allowed the first
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hour; (2) Defendant Oakland Unified School District will follow for the next 7 hours; and lastly (3)
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Plaintiffs attorney Adante Pointer will receive 30 minutes for follow-up questions.
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The Court ORDERS the parties to meet and confer and have the deposition of Officer Bell usa
completed within two weeks of March 19, 2013.

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The Court hereby ORDERS Defendants to release the Internal Affairs records regarding the
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January 22, 2011 shooting.
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Plaintiffs must file their discovery motion with Judge Chen seeking any additional Internal
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Affairs reports within two weeks ofMarch 19,2013. Following the Court's ruling on the discovery
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motion, Defendants will be allowed to depose Peace Officer Pete Sarna.

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Plaintiffs are allowed to take the deposition of Internal Affairs Officer Pete Peterson, however

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the questioning shall be limited to the January 22, 2013 shooting. Plaintiffs may also depose Peace
2 Officer Holly Mathews to be completed prior to the further settlement conference on May 7, 20 13.
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IT IS SO ORDERED.

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7 Dated: March 19, 2013
Maria-Elena James
United States Magistrate Judge

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