Kerr v. The City & County of San Francisco et al

Filing 57

ORDER re 56 Stipulation Re: Discovery Dispute re: 30(b)(6) Deposition of re: Final Policy Making Authority filed by The City & County of San Francisco, Derek Kerr. Signed by Judge Joseph C. Spero on 7/17/12. (klhS, COURT STAFF) (Filed on 7/17/2012)

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DEBORAH KOCHAN (S.B. #152089)
[e-mail]
MATHEW STEPHENSON (S.B. #154330)
[e-mail]
KOCHAN & STEPHENSON
260 California Street, Suite 803
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
DEREK KERR
DENNIS J. HERRERA (S.B. #139669)
City Attorney
ELIZABETH S. SALVESON (S.B. #83788)
Chief Labor Attorney
JONATHAN C. ROLNICK (S.B. #151814)
Deputy City Attorney
1390 Market Street, Fifth Floor (Fox Plaza)
San Francisco, CA 94102-5408
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, ET AL.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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DEREK KERR,

Case No. CV 10 5733 CW

Plaintiff,
v.
STIPULATION RE DISCOVERY DISPUTE
THE CITY AND COUNTY OF SAN
RE 30(b)(6) DEPOSITION RE FINAL
FRANCISCO, MITCHELL H. KATZ, MIVIC POLICY MAKING AUTHORITY
HIROSE, COLLEEN RILEY,
Defendants.

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Stipulation re Discovery Dispute Re 30(b)(6) Deposition, page 1
Case No. CV 10 5733 CW

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Whereas the parties had a dispute regarding certain timely discovery propounded by plaintiff,

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discovery that plaintiff contends is necessary to oppose, in part, defendants’ pending motion for

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summary judgment;

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Whereas at the direction of the court, the parties met and conferred regarding the scope of

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plaintiff’s noticed 30(b)(6) deposition relating to the custom and/or practice of the San Francisco

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Health Commission, the Director of Health, the Executive Administrator of Laguna Honda Hospital,

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and the Medical Director of Laguna Honda Hospital with respect to making decisions regarding the

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layoff, termination, rehire and/or reassignment of physicians at Laguna Honda Hospital.

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The parties have agreed to resolve this discovery dispute as follows:
Defendants will produce a 30(b)(6) witness to describe in general terms, for the period

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January 1, 2005 to December 31, 2010, the custom and/or practice, if any, of the Director of Health

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for making decisions regarding the layoff, termination, rehire, and/or reassignment of physicians at

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Laguna Honda Hospital; the review, approval, disapproval, modification, or delegation of such

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responsibilities for such decisions, the review of the Director’s decisions by any individual or entity

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(including in general terms the nature of such reviews), as well as the sources of authority supporting

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the Director of Health’s exercise of such authority.

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Defendants will produce a 30(b)(6) witness to describe in general terms, for the period
January 1, 2005 to December 31, 2010, the custom and/or practice, if any, of the Executive
Administrator of Laguna Honda Hospital for making decisions regarding the layoff, termination,
rehire, and/or reassignment of physicians at Laguna Honda Hospital; the review, approval,
disapproval, modification, or delegation of such responsibilities for such decisions, the review of the
Executive Administrator’s decisions by any individual or entity (including in general terms the
nature of such reviews), as well as the sources of authority supporting the Executive
Administrator’s exercise of such authority.

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Stipulation re Discovery Dispute Re 30(b)(6) Deposition, page 2
Case No. CV 10 5733 CW

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Defendants will produce a 30(b)(6) witness to describe in general terms, for the period

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January 1, 2005 to December 31, 2010, the custom and/or practice, if any, of the Medical Director

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for Laguna Honda Hospital for making decisions regarding the layoff, termination, rehire, and/or

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reassignment of physicians at Laguna Honda Hospital; the review, approval, disapproval,

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modification, or delegation of such responsibilities for such decisions, the review of the Medical

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Director’s decisions by any individual or entity (including in general terms the nature of such

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reviews), as well as the sources of authority supporting the Medical Director’s exercise of such

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authority.

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Defendants will produce a 30(b)(6) witness to describe in general terms, for the period
January 1, 2005 to December 31, 2010, the custom and/or practice, if any, of the San Francisco
Health Commission for making decisions regarding the layoff, termination, rehire, and/or
reassignment of physicians at Laguna Honda Hospital; the review, approval, disapproval,
modification, or delegation of such responsibilities for such decisions, the review of the San
Francisco Health Commission’s decisions by any individual or entity (including in general terms the
nature of such reviews), as well as the sources of authority supporting the Commission’s exercise of

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such authority.
Defendants and Plaintiff stipulate that they will not seek to introduce evidence that predates

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January 1, 2005 relating to any practice and/or custom of the individuals, positions and/or entities

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described above, nor will defendants argue that the time period from January 1, 2005 through

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December 31, 2010 is, based on the brevity of the time period, insufficient to establish the existence

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of any practice and/or custom of said individuals, positions and/or entities.

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This agreement is not intended to limit either parties’ reference to or reliance on any legal
authority, despite the fact that said legal authority may predate, or the facts referenced therein may
relate to events occurring before, January 1, 2005.

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Stipulation re Discovery Dispute Re 30(b)(6) Deposition, page 3
Case No. CV 10 5733 CW

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By use of the terms "practice" or "custom" herein, Defendants do not concede the existence

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of any "practice" or "custom" for purposes of municipal liability under Monell v. Dept. of Social

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Services, 436 U.S. 658, 694 (1978).

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Said 30(b)(6) deposition will not be in excess of one half day (3.5 hours) in length and will
be completed on or before July 12, 2012.

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Dated: July 16, 2012

KOCHAN & STEPHENSON

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_/s/ Deborah Kochan__________
Deborah Kochan
Attorneys for Plaintiff
DEREK KERR

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Dated: July 16, 2012

DENNIS J. HERRERA, City Attorney
ELIZABETH S. SALVESON, Chief Labor Attorney
JONATHAN C. ROLNICK, Deputy City Attorney

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_/s/ Jonathan C. Rolnick_________________
Jonathan C. Rolnick
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO

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Dated: July 17, 2012

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Stipulation re Discovery Dispute Re 30(b)(6) Deposition, page 4
Case No. CV 10 5733 CW