Toscano v. Lewis et al
ORDER by Judge Edward M. Chen re 354 Joint Discovery Letter of May 16, 2017. (emclc2, COURT STAFF) (Filed on 5/17/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ORDER RE JOINT DISCOVERY
LETTER OF MAY 16, 2017
Docket No. 354
G. D. LEWIS, et al.,
For the Northern District of California
United States District Court
Case No. 12-cv-05893-EMC
BENJAMIN K. TOSCANO,
The parties have submitted a joint letter regarding a discovery dispute. In the letter, the
parties state that, although they agree discovery may be reopened so that Plaintiff may depose Mr.
Serrano (a former prison nurse), they continue to disagree as to whether fact discovery should be
reopened so that Plaintiff may take the deposition of Defendants themselves (i.e., Mr. Eberly and
Mr. Thompson). Having considered the joint letter as well as all other evidence of record, the
Court hereby GRANTS Plaintiff’s request that he be permitted to take the depositions of
Defendants. Plaintiff has been incarcerated during this litigation and was representing himself
during the bulk of the proceedings. Now that Plaintiff has counsel to represent him, it is not
unreasonable for him to take the depositions of Defendants, especially as Defendants have not
identified any undue prejudice they would suffer should the depositions proceed. The Court,
however, shall limit each deposition to 3.5 hours.
This order disposes of Docket No. 354.
IT IS SO ORDERED.
Dated: May 17, 2017
EDWARD M. CHEN
United States District Judge
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