Jones v. City of Oakland et al

Filing 37

ORDER by Judge Maria-Elena James re 36 Discovery Letter Brief re Officer Garcia deposition (cdnS, COURT STAFF) (Filed on 6/4/2013)

Download PDF
1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 4 TONY RAY JONES, 5 No. C 12-1416 MEJ Plaintiff, v. ORDER RE: OFFICER GARCIA DEPOSITION 6 CITY OF OAKLAND, et al., 7 8 Defendants. _____________________________________/ 9 10 The Court is in receipt of the parties’ Joint Statement of Discovery Issues in Dispute, filed May 31, 2013. Dkt. No. 36. Plaintiff seeks to depose Officer Garcia, whom Defendants agree 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Plaintiff has a right to depose. However, Defendants state that Officer Garcia’s treating medical 13 provider opines that Officer Garcia’s recovery would be set back were he to be subject to a 14 deposition at this time. Defendants are willing to make Officer Garcia available for deposition, but 15 need additional time to resolve his treating medical provider’s concerns. Upon review of the parties’ 16 arguments, the Court ORDERS as follows: 17 1) The parties shall meet and confer by June 11, 2013 for the purpose of determining a date to 18 conduct Officer Garcia’s deposition. If medical necessity requires, Officer Garcia’s 19 deposition may take place over the course of multiple days. The parties shall file a 20 stipulation regarding Officer Garcia’s deposition schedule by June 14, 2013. 21 2) If Officer Garcia’s medical provider opines that Garcia is unable to complete the deposition 22 within 30 days, even if it takes place over the course of multiple days, Defendants shall 23 provide a declaration from the medical provider by June 14, 2013. 24 IT IS SO ORDERED. 25 26 27 28 Dated: June 4, 2013 _______________________________ Maria-Elena James United States Magistrate Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?