Toscano v. Lewis et al

Filing 357

ORDER by Judge Edward M. Chen re 354 Joint Discovery Letter of May 16, 2017. (emclc2, COURT STAFF) (Filed on 5/17/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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ORDER RE JOINT DISCOVERY
LETTER OF MAY 16, 2017

v.

Docket No. 354

G. D. LEWIS, et al.,
Defendants.

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For the Northern District of California

United States District Court

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Case No. 12-cv-05893-EMC

BENJAMIN K. TOSCANO,

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The parties have submitted a joint letter regarding a discovery dispute. In the letter, the

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parties state that, although they agree discovery may be reopened so that Plaintiff may depose Mr.

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Serrano (a former prison nurse), they continue to disagree as to whether fact discovery should be

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reopened so that Plaintiff may take the deposition of Defendants themselves (i.e., Mr. Eberly and

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Mr. Thompson). Having considered the joint letter as well as all other evidence of record, the

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Court hereby GRANTS Plaintiff’s request that he be permitted to take the depositions of

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Defendants. Plaintiff has been incarcerated during this litigation and was representing himself

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during the bulk of the proceedings. Now that Plaintiff has counsel to represent him, it is not

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unreasonable for him to take the depositions of Defendants, especially as Defendants have not

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identified any undue prejudice they would suffer should the depositions proceed. The Court,

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however, shall limit each deposition to 3.5 hours.

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This order disposes of Docket No. 354.

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IT IS SO ORDERED.

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Dated: May 17, 2017
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EDWARD M. CHEN
United States District Judge