Californians for Disability Rights, Inc. et al v. California Department of Transportation et al

Filing 265

ORDER RE 30(B)(6) DEPOSITION re 252 Letter filed by Ben Rockwell, California Department of Transportation, Dmitri Belser, Californians for Disability Rights, Inc., Will Kempton, California Council of the Blind. Signed by Judge Maria-Elena James on 2/23/2009. (mejlc1, COURT STAFF) (Filed on 2/23/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 5, 2009, the parties filed a discovery dispute letter regarding Defendants' request to postpone the Rule 30(b)(6) deposition as to Caltrans' practices for providing accessible temporary routes. (Dkt. #252.) Defendants argue that Plaintiffs' temporary accessible routes claim is not part of this case and seek to suspend the deposition until Judge Armstrong rules on Defendants' Motion for Judgment on the Pleadings, which addresses this issue. Upon review of the parties' letter, the Court hereby ORDERS that Plaintiffs may choose to proceed with the 30(b)(6) deposition prior to Judge Armstrong's ruling on the pending motion. However, if Judge Armstrong finds that Plaintiffs have no legal right to require Caltrans to provide temporary accessible routes, the Court may require Plaintiffs to reimburse Defendants for any costs associated with the deposition. Further, the Court acknowledges the scope of the deposition notice and agrees that more than one deposition would be necessary. Accordingly, if Plaintiffs choose to take the deposition prior to Judge Armstrong's ruling, they may take only one deposition of up to seven hours, and the parties shall meet and confer to determine the appropriate scope of the deposition. Plaintiffs should bear in mind that any meet and confer expenses incurred by Defendants vs. CALIFORNIA DEPARTMENT OF TRANSPORTATION, et al. Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CALIFORNIANS FOR DISABILITY RIGHTS, et al., Plaintiffs, No. C 06-5125 MEJ ORDER RE 30(B(6) DEPOSITION

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

shall be included in the deposition costs if Judge Armstrong finds in Defendants' favor. IT IS SO ORDERED.

Dated: February 23 2009

MARIA-ELENA JAMES United States Magistrate Judge

Page 2 of 2