Hamid Amiri v. Glenn W Groff et al

Filing 67

ORDER GRANTING MOTION TO COMPEL IN PART. Signed by Magistrate Judge Jacqueline Scott Corley on 8/21/2017. (ahm, COURT STAFF) (Filed on 8/21/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HAMID AMIRI, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No.15-cv-03994-JSC ORDER GRANTING MOTION TO COMPEL IN PART v. BAY HARBOUR CARE HOME, et al., Re: Dkt. No. 66 Defendants. 12 13 Now pending before the Court is the parties’ joint discovery letter brief regarding 14 Plaintiff’s deposition. (Dkt. No. 66.) Defendants took Plaintiff’s deposition for more than seven 15 hours on February 1, 2016. Defendants’ counsel unilaterally stopped questioning Plaintiff stating 16 that she wanted to meet and confer about additional time. She also stated that she had about two 17 or three hours more of questioning. (Dkt. No. 66-1 at 3.) Plaintiff expressed a desire to finish the 18 deposition that day and Plaintiff’s counsel did not agree to make his client available for further 19 deposition. (Id.) Discovery closed in January 2017 without Defendants attempting to complete 20 Plaintiff’s deposition. They now seek to do so. 21 As Plaintiff is the primary witness in this significant case a deposition of more than seven 22 hours is warranted. The Court also understands why Defendants’ counsel would have wanted to 23 stop the deposition at 5:30 p.m. as attorneys also have lives outside of their jobs. Counsel, 24 however, should have made arrangements for a second deposition in advance of the first and at a 25 minimum should have attempted to continue the deposition before the close of fact discovery. 26 Nevertheless, given the significant amount of money at stake in this lawsuit, Defendants may take 27 Plaintiff’s deposition for an additional 2.5 hours, the amount of time counsel stated she needed to 28 complete her questioning. The deposition should be scheduled at a time and location that is 1 convenient to Plaintiff. 2 This Order disposes of Docket No. 66. 3 IT IS SO ORDERED. 4 Dated: August 21, 2017 5 6 JACQUELINE SCOTT CORLEY United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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