Daniellle Parker v. Comcast Cable Communications Management, LLC et al

Filing 41

ORDER regarding 39 , 40 Discovery Letter Briefs re: Plaintiff's noticed deposition. Signed by Judge Kandis A. Westmore on 2/24/2017. (kawlc1, COURT STAFF) (Filed on 2/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIELLE PARKER,

Case No. 3:15-cv-05673-TEH (KAW)

Plaintiff,
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ORDER REGARDING 2/23/17
DISCOVERY LETTERS RE:
PLAINTIFF'S DEPOSITION

v.
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COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC,
Defendant.

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United States District Court
Northern District of California

Re: Dkt. Nos. 39 & 40

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On February 23, 2017, the parties filed separate discovery letters pertaining to Defendant’s

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forthcoming deposition of Plaintiff Danielle Parker, which is currently noticed for March 8, 2017.

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(Def.’s Letter, Dkt. No. 39; Pl.’s Letter, Dkt. No. 40.) Defendant originally noticed Plaintiff’s

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deposition for mid-January, but it was rescheduled multiple times. (Def.’s Letter at 1.) Plaintiff’s

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counsel explains that she has had the flu and has missed two weeks of work, and cannot guarantee

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that she will be healthy enough to proceed on March 8, 2017. (Pl.’s Letter at 1.) The fact

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discovery cut-off date is April 3, 2017. (Dkt. No. 29.)

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In light of the imminent discovery cut-off, Defendant seeks an order compelling Plaintiff’s

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attendance at the noticed deposition on March 8, 2017 or, in the alternative, on a mutually

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convenient date before then. (Def.’s Letter at 1.) Plaintiff’s counsel provides that March 8, 2017 is

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the earliest date that she and her client are available. (Pl.’s Letter at 1.) Accordingly, Defendant’s

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request is DENIED. The Court is confident that Plaintiff’s counsel will be healthy enough to

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defend the deposition on that date, but, should her illness persist, the parties shall, if necessary,

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seek relief from the presiding judge to extend the case deadlines in this action.

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The parties are advised that any future discovery disputes must be addressed in a joint

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letter that complies with the undersigned’s standing order. (Judge Westmore’s General Standing

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Order ¶ 13.)

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IT IS SO ORDERED.
Dated: February 24, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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