Hardin v. Mendocino Coast District Hospital et al

Filing 209

Discovery Order. Signed by Judge Thomas S. Hixson on 8/23/2019. (tshlc2S, COURT STAFF) (Filed on 8/23/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELLEN HARDIN,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-05554-JST (TSH)
DISCOVERY ORDER

v.
MENDOCINO COAST DISTRICT
HOSPITAL, et al.,
Defendants.

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The Court had a telephonic hearing concerning the scheduling of Jill Pfatenhauer, Julie

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Adair and John Sullivan’s depositions. These are the witnesses whose depositions Plaintiff Ellen

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Hardin moved to quash. ECF No. 193. The undersigned denied the motion, ECF No. 197, and

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Hardin’s motion for relief is now pending before Judge Tigar. ECF No. 205. Meanwhile, the

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parties are unable to agree on dates for these depositions. Hardin’s counsel will be in Las Vegas

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for a work-related convention August 28-30, which conflicts with the only dates before the close

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of fact discovery that Sullivan and Adair are available.

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The Court explained that the parties have two options. One is to file a stipulation and

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proposed order before Judge Tigar requesting that these depositions be allowed to take place after

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the close of fact discovery. That would require the parties to cooperate with each other.

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The other option is to fight it out under Federal Rule of Civil Procedure 32. Rule

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32(a)(5)(A) provides that “[a] deposition must not be used against a party who, having received

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less than 14 days’ notice of the deposition, promptly moved for a protective order under Rule

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26(c)(1)(B) requesting that it not be taken or be taken at a different time or place – and this motion

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was still pending when the deposition was taken.” If Defendants served deposition notices now

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for dates before the close of fact discovery, that would be less than 14 days’ notice.
It’s up to the parties what they want to do.

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IT IS SO ORDERED.

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Dated: August 23, 2019

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THOMAS S. HIXSON
United States Magistrate Judge

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United States District Court
Northern District of California

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