Wilson v. United Air Lines, Inc. et al

Filing 294

Discovery Order. Signed by Magistrate Judge Jacqueline Scott Corley on 11/14/2017. (ahm, COURT STAFF) (Filed on 11/14/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD JOHN,
Plaintiff,

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United States District Court
Northern District of California

DISCOVERY ORDER

v.

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Case No.15-cv-00475-VC (JSC)

UNITED AIR LINES, INC., et al.,
Defendants.

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DARRYL WILSON,
Plaintiff,

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v.

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Case No.15-cv-00472-VC (JSC)

UNITED AIR LINES, INC., et al.,
Defendants.

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LEON MILLER,
Plaintiff,

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v.

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Case No.15-cv-00457-VC (JSC)

UNITED AIR LINES, INC., et al.,
Defendants.

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Upon review of the record in these related cases, and having held a discovery conference

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with the parties on November 13, 2017, the Court orders discovery to be completed as set forth

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below.

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1.

Depositions of Plaintiffs

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United shall take the depositions of Mr. Miller, Mr. Wilson, and Mr. John on the dates

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previously noticed. Defendants shall have up to 14 hours per plaintiff. An addition to the seven

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hour default limit in the Federal Rules of Civil Procedure is reasonable given that each plaintiff

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has his own independent claims and needs to be deposed about liability and damages. While

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United previously deposed Mr. John and Mr. Miller, the district court ruled that this deposition

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time would not count against United’s time. (John, 15-00475-VC, Dkt. No. 92 at 46.) Indeed,

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Mr. John and Mr. Miller, through counsel, agreed that they were to be re-deposed. (Id. at 42.)

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2.

Written Discovery

The parties shall complete responses to written discovery served before July 23, 2017 (that

United States District Court
Northern District of California

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is, served at least 30 days before the close of the extended fact discovery deadline). Accordingly,

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United shall complete the production they contend was paused in light of prior counsel’s

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indication that he was going to move to withdraw. If any of that uncompleted production relates

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to the jobs applied for by these plaintiffs, United shall produce the relevant discovery before each

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plaintiff’s deposition. To the extent Mr. Miller, Mr. Wilson, and Mr. John were served with

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deposition notices prior to July 23, 2017 that included requests for production of documents, they

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shall comply with those Notices.

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Any discovery disputes regarding the outstanding written discovery shall be brought to the

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Court’s attention as follows. First, the parties must meet and confer in person or by telephone on

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or before November 22, 2017. Second, if the meet and confer is not wholly successful, the party

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seeking to compel a further production shall serve the opposing party with his/its portion of the

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joint letter brief required by the Court’s Standing Order on or before noon on November 29, 2017.

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The opposing party shall serve its responsive portion of the letter brief on or before the close of

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business on December 1, 2017. The moving party shall file the letter brief (including any added

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reply portion) with the Court by close of business December 4, 2017.

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3.

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Plaintiffs may use in this action (whether in opposition to summary judgment, at trial or

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Depositions of United

otherwise) any depositions that were taken by the bellwether plaintiffs; however, they may not
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notice any further depositions. Fact discovery reopened in these cases on April 12, 2016. (John,

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115-00475 VC, Dkt. No. 120.) In March 2017, the district court ordered a fact discovery deadline

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of June 27, 2017. (Dkt. No. 247 at 5.) Plaintiff’s counsel moved for a stay of the action due to

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lead counsel’s health on May 31, 2017. (Id. Dkt. No. 253.) On June 8, 2017, the district court

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stayed the case until July 2, 2017, and extended the fact discovery cut-off to August 28, 2017. (Id.

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Dkt. No. 257.) More than two months later, on August 21, 2017, Plaintiffs’ counsel moved to

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withdraw. (Dkt. No. 260.) Prior to that date—which was one week before the expiration of the

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extended fact discovery deadline—Plaintiffs did not notice any United depositions and did not

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otherwise do anything to schedule any depositions, including even identifying any potential
United witnesses to United. The district court held a telephonic hearing the following day. Once

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United States District Court
Northern District of California

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again Plaintiffs’ counsel did not suggest that Plaintiffs still had depositions to notice and take even

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though counsel specifically discussed the scheduling of Plaintiffs’ depositions. (Id. Dkt. No. 264

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at 19.)

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New counsel made an appearance on October 10, 2017. The district court set the

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dispositive motion hearing deadline for March 1, 2017 with trial scheduled for May 21, 2018. (Id.

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Dkt. No. 269.) The undersigned magistrate judge held a discovery conference with the parties on

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October 23, 2017. The Court ordered the parties to meet and confer and devise a discovery plan

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and submit the plan by November 9, 2017. (Id. Dkt. No. 277.) The parties filed separate

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submissions, but Plaintiffs have still not identified any additional United depositions. In any

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event, it is too late. The extended fact discovery deadline came and went. Plaintiffs are bound by

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the action or inaction of previous counsel.

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IT IS SO ORDERED.
Dated: November 14, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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