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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 Plaintiff, 8 9 10 ORDER RE JOINT DISCOVERY LETTER OF MAY 16, 2017 v. Docket No. 354 G. D. LEWIS, et al., Defendants. 12 For the Northern District of California United States District Court 11 Case No. 12-cv-05893-EMC BENJAMIN K. TOSCANO, 13 The parties have submitted a joint letter regarding a discovery dispute. In the letter, the 14 parties state that, although they agree discovery may be reopened so that Plaintiff may depose Mr. 15 Serrano (a former prison nurse), they continue to disagree as to whether fact discovery should be 16 reopened so that Plaintiff may take the deposition of Defendants themselves (i.e., Mr. Eberly and 17 Mr. Thompson). Having considered the joint letter as well as all other evidence of record, the 18 Court hereby GRANTS Plaintiff’s request that he be permitted to take the depositions of 19 Defendants. Plaintiff has been incarcerated during this litigation and was representing himself 20 during the bulk of the proceedings. Now that Plaintiff has counsel to represent him, it is not 21 unreasonable for him to take the depositions of Defendants, especially as Defendants have not 22 identified any undue prejudice they would suffer should the depositions proceed. The Court, 23 however, shall limit each deposition to 3.5 hours. 24 This order disposes of Docket No. 354. 25 IT IS SO ORDERED. 26 27 28 Dated: May 17, 2017 ______________________________________ EDWARD M. CHEN United States District Judge

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