Lemos v. County of Sonoma et al

Filing 115

ORDER REGARDING 100 PLAINTIFF'S MOTION FOR SANCTIONS. Signed by Judge Lisa J. Cisneros on 9/21/2023. Statement of Undisputed Facts & Supplement Briefs due by 11/13/2023. (bns, COURT STAFF) (Filed on 9/21/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GABBI LEMOS,

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Plaintiff,

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ORDER REGARDING PLAINTIFF'S
MOTION FOR SANCTIONS

v.

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COUNTY OF SONOMA, et al.,

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Re: Dkt. No. 100

Defendants.

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United States District Court
Northern District of California

Case No. 15-cv-05188-YGR (LJC)

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Before the Court is Plaintiff’s Motion for Sanctions (Motion), which Defendants have

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opposed. ECF No. 100. The Undersigned has reviewed the Presiding Judge’s order referring the

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Motion and the Motion’s related filings and held a hearing on September 19, 2023. ECF Nos.

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100, 107, 108, 110. As discussed at the hearing, Plaintiff’s Motion is premature in that the factual

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record of what occurred with respect to the alleged spoliation of evidence is underdeveloped.

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Indeed, the parties do not dispute that certain key information related to the circumstances in

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which records were destroyed has not been collected and reviewed.
The Court needs additional information to make its findings. As such, the parties shall

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complete their discovery related to Plaintiff’s Motion by October 23, 2023, the current discovery

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deadline for this case. The parties’ written discovery requests related to this issue shall be served

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promptly, and the parties’ discovery response deadlines shall be condensed from thirty days to

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fourteen days. See Fed. R. Civ. P. 33, 34, 36. The parties shall cooperate to schedule the

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necessary depositions to timely respond to this Court’s order.

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By November 13, 2023, unless the motion is withdrawn, the parties shall file a statement

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of undisputed facts. In addition, Plaintiff and Defendants shall each submit a supplemental brief,

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not to exceed five pages, that explains how the newly collected evidence supports their

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arguments. The parties shall also submit supporting declarations and exhibits consistent with

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Local Rule 7-2(c). If necessary, the Court shall set an evidentiary hearing to assist in making

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credibility determinations.

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IT IS SO ORDERED.

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Dated: September 21, 2023

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United States District Court
Northern District of California

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LISA J. CISNEROS
United States Magistrate Judge

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