Gallardo v. KIPP Foundation et al

Filing 20

ORDER re 19 Joint Discovery Letter Brief. Signed by Judge Yvonne Gonzalez Rogers on 2/21/2013. (fs, COURT STAFF) (Filed on 2/21/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 KELLY GALLARDO, 9 Plaintiff, 10 United States District Court Northern District of California 11 12 Case No.: 12-CV-05017 YGR ORDER RE: JOINT DISCOVERY LETTER BRIEF vs. KIPP FOUNDATION et al., Defendant(s). 13 14 The Court has reviewed the parties’ Joint Discovery Letter Brief (Dkt. No. 19) regarding 15 production of Michael Feinberg as a witness for deposition. The letter brief, which was filed on 16 February 19, 2013, indicates that Plaintiff has noticed the deposition of Mr. Feinberg for February 17 21, 2013. The letter brief, therefore, appears to be premature. 18 Unless limited by Court order, a party may obtain discovery of non-privileged matter that is 19 relevant to the party’s claim or defense. See Fed. R. Civ. P. 26(b)(1). The availability and use of 20 the procedures provided in Federal Rule of Civil Procedure 30(b) notwithstanding, if Plaintiff 21 believes a particular individual has relevant information, she may depose him. 22 While the parties are expected to confer and agree as to which depositions are most needed, 23 Plaintiff’s request to depose Mr. Feinberg is within the presumptive ten-person limit of depositions 24 that Plaintiff can take without leave of court. See Fed. R. Civ. P. 30 advisory committee’s note. No 25 protective order has been sought regarding Mr. Feinberg’s deposition; Defendant cannot otherwise 26 dictate which ten depositions Plaintiff takes. See Fed. R. Civ. P. 26(c); cf. Fed. R. Civ. P. 30(b)(1), 27 (6) (allowing party to notice deposition regarding class or group of persons, or to designate matters 28 on which examination is requested). 1 2 The parties are to update the Court regarding the status of Mr. Feinberg’s deposition, and to certify that they have met in person to resolve any dispute. 3 The Court will take no further action on the parties’ joint discovery letter brief. 4 This Order Terminates Docket Number 19. 5 IT IS SO ORDERED. 6 7 8 Date:February 21, 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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