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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IVANA KIROLA, et al.,

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Plaintiffs,

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For the Northern District of California

United States District Court

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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)

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Defendants.
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The Court has received the parties’ joint letter of March 29, 2011 (Docket No. 527) and

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reviewed the supporting papers including the deposition transcripts of Mr. Sanguinetti and Mr.

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McKenna. The Court finds that Mr. Sanguinetti was not adequately prepared to fulfill his duties as a

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Rule 30(b)(6) witness. The fact that a second 30(b)(6) deposition of Mr. McKenna was necessary

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substantiates this point. On the other hand, Plaintiffs have not proven Mr. Sanguinetti’s deposition

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was entirely useless. Nor have they proven Defendants deliberately engaged in bad faith on this

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matter. Accordingly, based on the record, the Court concludes that Defendants shall pay to

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Plaintiffs the sum of $2,000 as sanctions under Rule 37 for the needless attorney time incurred as a

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result of Mr. Sanguinetti’s lack of complete preparedness.

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This order disposes of Docket No. 527.

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IT IS SO ORDERED.

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Dated: May 16, 2011
_________________________
EDWARD M. CHEN
United States Magistrate Judge