Ashker et al v. Schwarzenegger et al

Filing 323

ORDER re 321 Clerk's Notice, 320 Letter filed by Anthony Chaus, Edmund G. Brown, Jr., Greg Lewis, Mathew Cate. Discovery Hearing set for October 2, 2014 at 1:00 p.m., is VACATED; Plaintiff's request for third party presence at Rule 35 examinations is DENIED. Signed by Judge Nandor J. Vadas on 10/02/2104. (njvlc2, COURT STAFF) (Filed on 10/2/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 TODD ASHKER, et al., Case No. 09-cv-05796-CW (NJV) Plaintiffs, 9 v. ORDER 10 11 MATHEW CATE, et al., Re: Dkt. No. 320 United States District Court Northern District of California Defendants. 12 13 Before the court is the parties’ Joint Letter Brief re Time-Sensitive Discovery Dispute 14 (Doc. 320). The court specially set the matter on Thursday, October 02, 2014 for hearing at 1:00 15 p.m. The parties jointly contacted chambers and requested that the court cancel the hearing and 16 decide the matter on the joint submission. Accordingly, it is ORDERED that the Discovery 17 Hearing set for October 2, 2014 at 1:00 p.m., is VACATED. 18 Upon consideration of the Joint Letter Brief (Doc. 320), it is ORDERED that Plaintiffs’ 19 request to have Dr. Murray’s examination of Plaintiffs Ashker, Esquivel, and Franco recorded by 20 either video, or stenographic means, or by any other means, is DENIED. The court finds that 21 Plaintiffs failed to “make any showing that special circumstances exist to overcome the general 22 rule that third parties are not permitted to attend [a Rule 35 examination].” Nguyen v. Qualcomm 23 Inc., 2013 WL 3353840, at *9 (S.D. Cal. July 3, 2013). 24 25 26 27 28 IT IS SO ORDERED. Dated: October 2, 2014 ______________________________________ NANDOR J. VADAS United States Magistrate Judge

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