Yousif v. San Mateo County Sheriff et al

Filing 79

ORDER RE DISCOVERY LETTER by Judge Alsup on 10/6/2016. (whalc2, COURT STAFF) (Filed on 10/6/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OSMAN YOUSIF,

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For the Northern District of California

United States District Court

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No. C 15-04887 WHA

Plaintiff,
v.

ORDER RE DISCOVERY
LETTER

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SAN MATEO COUNTY SHERIFF, et al.,

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Defendants.
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On September 28, defendants filed a letter asking this Court to resolve a conflict in

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connection with plaintiff’s deposition on September 23 (Dkt. No. 76). On October 5, plaintiff

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filed a response (Dkt. No. 78). The parties were ordered to meet and confer in person (Dkt. No.

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77), but were unable to resolve their issues during the meet-and-confer. Accordingly, it is

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ordered that:

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1.

In future depositions taken in this case, counsel for the deponent
shall not make any objections or other utterances except to ask
questions when it is their turn, or to assert privilege. All objections
as to form shall be deemed preserved. Assertions of privilege must
be justified and not mere guises for attempts to surreptitiously
coach the deponent.

2.

Defendants may resume the deposition of plaintiff Osman Yousif,
subject to this order, on a date and time agreeable to defendants.
The resumed deposition, however, may last no longer than five and
a half hours.

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At the hearing on this matter on October 6, the Court made other
rulings on the record in response to the parties’ questions. Those
rulings are not summarized here but remain in effect. Any violation
of this order may lead to a jury instruction regarding adverse
inferences at trial.

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4.
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Pursuant to FRCP 37(a)(5), Attorney Russell A. Robinson shall pay
defendant’s counsel $1,000.00 to cover reasonable expenses
incurred as a result of this dispute.

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IT IS SO ORDERED.
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Dated: October 6, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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