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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KELLY GALLARDO,

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Plaintiff,

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United States District Court
Northern District of California

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Case No.: 12-CV-05017 YGR
ORDER RE: JOINT DISCOVERY LETTER BRIEF

vs.
KIPP FOUNDATION et al.,
Defendant(s).

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The Court has reviewed the parties’ Joint Discovery Letter Brief (Dkt. No. 19) regarding

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production of Michael Feinberg as a witness for deposition. The letter brief, which was filed on

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February 19, 2013, indicates that Plaintiff has noticed the deposition of Mr. Feinberg for February

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21, 2013. The letter brief, therefore, appears to be premature.

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Unless limited by Court order, a party may obtain discovery of non-privileged matter that is

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relevant to the party’s claim or defense. See Fed. R. Civ. P. 26(b)(1). The availability and use of

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the procedures provided in Federal Rule of Civil Procedure 30(b) notwithstanding, if Plaintiff

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believes a particular individual has relevant information, she may depose him.

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While the parties are expected to confer and agree as to which depositions are most needed,

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Plaintiff’s request to depose Mr. Feinberg is within the presumptive ten-person limit of depositions

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that Plaintiff can take without leave of court. See Fed. R. Civ. P. 30 advisory committee’s note. No

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protective order has been sought regarding Mr. Feinberg’s deposition; Defendant cannot otherwise

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dictate which ten depositions Plaintiff takes. See Fed. R. Civ. P. 26(c); cf. Fed. R. Civ. P. 30(b)(1),

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(6) (allowing party to notice deposition regarding class or group of persons, or to designate matters

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on which examination is requested).

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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.

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The Court will take no further action on the parties’ joint discovery letter brief.

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This Order Terminates Docket Number 19.

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IT IS SO ORDERED.

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Date:February 21, 2013

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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