J.C. v. Cambrian School District et al

Filing 48

ORDER CONCERNING DISCOVERY DISPUTES. The parties should complete the discovery allowed at the earliest possible time. Further, the parties should stipulate to a hearing date that allows plaintiffs to respond on the merits rather than to seek a continuance until they have obtained said discovery. Signed by Judge William H. Orrick on 11/22/2013. (jmdS, COURT STAFF) (Filed on 11/22/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 J. C., Case No. 12-cv-03513-WHO Plaintiff, 8 v. ORDER CONCERNING DISCOVERY DISPUTES 9 10 CAMBRIAN SCHOOL DISTRICT, et al., Re: Dkt. Nos. 37, 47 Defendants. United States District Court Northern District of California 11 12 13 On November 8, 2013, plaintiff's counsel filed a 2-page letter identifying four discovery 14 disputes. Defendants responded on November 18, 2013. After consideration of the arguments 15 presented, the Court orders: 16 1. Plaintiffs may take the deposition of Jayne Selig at the earliest date convenient to Ms. 17 Selig and counsel. It appears that plaintiffs had identified her as a relevant witness, 18 that her deposition had been scheduled within the discovery period, and that the failure 19 to take the deposition within the discovery period resulted from miscommunication 20 between the parties after the original date for the deposition was postponed for good 21 cause. 22 2. Defendants have filed an amended response to Request No. 22 which states that no 23 responsive document exist, or have ever existed. If this response was verified, 24 defendants need do nothing further. If it was not, defendants should verify the 25 response. 26 3. Defendants have agreed to produce the Intra-district Transfer Permits sought by 27 plaintiffs. The Request was apparently dated July 24, 2013. The Court orders that this 28 production occur as quickly as possible, and no later than December 13, 2013. 1 4. Defendants do not address the fourth dispute, which leads the Court to hope that the 2 inspection schedule referred to in plaintiffs' letter has been agreed upon. 3 The Court notes that defendants have filed a motion for summary judgment. Assuming that the 4 discovery allowed above is material to plaintiffs' opposition to the motion, the parties should 5 complete the discovery allowed at the earliest possible time. Further, the parties should stipulate 6 to a hearing date that allows plaintiffs to respond on the merits rather than to seek a continuance 7 until they have obtained said discovery. 8 IT IS SO ORDERED. 9 10 United States District Court Northern District of California 11 Dated: November 22, 2013 ______________________________________ WILLIAM H. ORRICK United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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