Ashley v. City and County of San Francisco et al

Filing 39

ORDER RESOLVING DISCOVERY DISPUTE. Signed by Judge JEFFREY S. WHITE on 6/22/12. (jjoS, COURT STAFF) (Filed on 6/22/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMESON ASHLEY,

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v.
CITY AND COUNTY OF SAN FRANCISCO
ET AL,

ORDER RESOLVING
DISCOVERY DISPUTE

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Defendants.
For the Northern District of California

United States District Court

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No. C 12-00045 JSW

Plaintiff,

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The Court has received the parties’ joint submissions regarding the production of
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Plaintiff as a witness for deposition in this case. As a matter of fundamental fairness,
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Defendants have a right to take the deposition of the sole Plaintiff in a case he has commenced.
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However, the Court, aware that the deposition may cause Plaintiff to suffer distress, instructs
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the parties to meet and confer in advance of the deposition to ascertain the appropriate protocol
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for the appearance. The Court advises the parties to schedule the deposition in a location close
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to Plaintiff’s home, to prepare that the deposition shall take place for only a limited number of
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hours per day, with frequent breaks, and any other conditions as necessary to mitigate the
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trauma to Plaintiff. Defendants are also cautioned that, if during the deposition, Plaintiff fails to
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remember significant events and becomes mute or extremely agitated, the oral deposition shall
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adjourn and Defendants may continue the deposition by written questions pursuant to Federal
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Rule of Civil Procedure 31(a)(2) without requiring Plaintiff’s attendance.
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IT IS SO ORDERED.
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Dated: June 22, 2012
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JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE