Veliz et al v. Cintas Corporation et al

Filing 1050

ORDER RE DROGIN DEPOSITION re #1037 MOTION to Compel (Letter Brief to Judge Maria-Elena James re: Motion to Compel Plaintiffs' Expert to Give Deposition in Response to Subpoena) MOTION to Compel (Letter Brief to Judge Maria-Elena James re: Motion to Compel Plaintiffs' Expert to Give Deposition in Response to Subpoena) filed by Plan Administrator for the Cintas Partners' Plan, Cintas Corporation, #1038 Letter filed by Paul Veliz. Signed by Judge Maria-Elena James on 11/17/2008. (mejlc1, COURT STAFF) (Filed on 11/17/2008)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 17, 2008 MARIA-ELENA JAMES United States Magistrate Judge The Court is in receipt of the parties' two joint discovery dispute letters regarding the deposition of Plaintiffs' damage expert, Dr. Richard Drogin. (Dkt. ## 1037, 1038.) Defendant seeks an order compelling Dr. Drogin to appear immediately for deposition; however, Plaintiffs seek a protective order continuing the deposition until some time after he updates his expert report. Resolution of this dispute largely depends on whether Dr. Drogin is permitted to update his report, given that the deadline for expert reports expired 14 months ago. And, as the undersigned previously ruled, any request to amend the expert report past the deadline is a case management issue which is beyond the scope of the her discovery jurisdiction. (Dkt. #1049.) Accordingly, Dr. Drogin's deposition shall go forward within 21 days of Magistrate Judge Seeborg's determination of whether the expert report deadline may be continued to permit Dr. Drogin's amended report. IT IS SO ORDERED. vs. CINTAS CORPORATION, et al., Defendant(s). / PAUL VELIZ, et al., Plaintiff(s), IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 03-1180 RS (MEJ)

ORDER RE DROGIN DEPOSITION