Garvey v. Kmart Corporation

Filing 304

ORDER REGARDING DEPOSITION OF JEFF BECKMAN. Signed by Judge Alsup on April 11, 2013.. (whalc1, COURT STAFF) (Filed on 4/11/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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LISA GARVEY, individually and on
behalf of others similarly situated,
Plaintiff,

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No. C 11-02575 WHA

ORDER REGARDING
DEPOSITION OF JEFF
BECKMAN

v.
KMART CORPORATION,
Defendant.
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Upon review the parties’ letter correspondence, defendant’s letter will be construed as a

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request for a modification of the April 4 order. To the following extent, the request is

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GRANTED. Kmart shall make Jeff Beckman available for live (in person) deposition in San

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Francisco on APRIL 17, the day after he returns from his humanitarian trip to Haiti. Kmart has

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not shown good cause for any further extension based on vaguely-described “east coast . . .

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meetings in which he will be delivering presentations.” The deadline for plaintiff’s motion for

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class certification will be extended until APRIL 29 AT NOON.

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Kmart contends that plaintiff’s March 6 discovery request seeking “information . . .

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related to design, re-design, construction, remodeling, configuration, reconfiguration, alterations,

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additions, and/or modifications . . . to the front end cashier stations at the Petaluma store” does

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not implicate the Customer Touch Point stations because Kmart “purchased new checkouts in

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support of that initiative.” This contention is rejected. Kmart’s contention that it only became

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aware of plaintiff’s interest in the Customer Touch Point issue at the April 4 hearing is likewise
rejected. This order notes that Kmart has agreed to produce all responsive hard-copy documents

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today. Kmart shall complete its production of responsive electronically-stored information on

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this topic by APRIL 15 AT NOON. Failure to do so may result in appropriate sanctions.

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IT IS SO ORDERED.

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Dated: April 11, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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