Kirola et al v. City & County of San Francisco, The et al

Filing 591

ORDER Granting 527 Plaintiffs' Motion for Sanctions (Joint Letter of March 29, 2011). Signed by Magistrate Judge Edward M. Chen on 5/16/2011. (emcsec, COURT STAFF) (Filed on 5/16/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 IVANA KIROLA, et al., 9 Plaintiffs, 11 For the Northern District of California United States District Court 10 v. No. C-07-3685 SBA (EMC) ORDER GRANTING PLAINTIFFS’ MOTION FOR SANCTIONS THE CITY AND COUNTY OF SAN FRANCISCO, et al., (Docket No. 527) 12 Defendants. 13 __________________________________/ 14 15 The Court has received the parties’ joint letter of March 29, 2011 (Docket No. 527) and 16 reviewed the supporting papers including the deposition transcripts of Mr. Sanguinetti and Mr. 17 McKenna. The Court finds that Mr. Sanguinetti was not adequately prepared to fulfill his duties as a 18 Rule 30(b)(6) witness. The fact that a second 30(b)(6) deposition of Mr. McKenna was necessary 19 substantiates this point. On the other hand, Plaintiffs have not proven Mr. Sanguinetti’s deposition 20 was entirely useless. Nor have they proven Defendants deliberately engaged in bad faith on this 21 matter. Accordingly, based on the record, the Court concludes that Defendants shall pay to 22 Plaintiffs the sum of $2,000 as sanctions under Rule 37 for the needless attorney time incurred as a 23 result of Mr. Sanguinetti’s lack of complete preparedness. 24 This order disposes of Docket No. 527. 25 IT IS SO ORDERED. 26 27 28 Dated: May 16, 2011 _________________________ EDWARD M. CHEN United States Magistrate Judge

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