Lainez v. Salinas City et al

Filing 49

Interim Order on Discovery Dispute Joint Report 3. Signed by Magistrate Judge Howard R. Lloyd on 4/26/16. (hrllc1, COURT STAFF) (Filed on 4/26/2016)

E-Filed 4/26/16

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALBERTO LAINEZ, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 14-cv-04311-EJD (HRL)
INTERIM ORDER ON DISCOVERY
DISPUTE JOINT REPORT 3

v.
CITY OF SALINAS, et al.,

Re: Dkt. No. 42

Defendants.

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Plaintiffs filed Discovery Dispute Joint Report 3 (“DDJR 3”) unilaterally. Plaintiffs assert

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in DDJR 3 that Dr. Venus Azar (“Azar”) deliberately evaded process servers and that Azar, once

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finally served with a deposition subpoena as the result of a “full blown stakeout” around her home,

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stated through a “representative” that she refused to attend the noticed deposition. Dkt. No. 42 at

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3. Plaintiffs therefore request in DDJR 3 that the court order Azar to appear for her deposition and

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that Azar pay the costs that were incurred when she impeded, delayed, and frustrated their

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attempts to depose her.

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Azar responded with a letter that asserts: (1) she is “rarely home” because she works long

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hours and she frequently travels out of town; (2) she was not deliberately attempting to “impede,

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delay or frustrate” Plaintiffs’ attempts to depose her; (3) she does not intend to violate the

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subpoena; and (4) she did not tell anyone to communicate any intention to violate the subpoena.

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Dkt. No. 44. Plaintiffs’ counsel did not respond to Azar’s letter. Azar filed a second letter that

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asserts she attended her deposition and that Plaintiffs’ counsel no longer seeks to recover costs

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from her. Dkt. No. 48.

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If Plaintiffs contest the assertions in Azar’s second letter, they shall file a response no later

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than April 29, 2016. If Plaintiffs file no response by that deadline, the court shall deny as moot

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Plaintiffs’ request for relief in DDJR 3.

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IT IS SO ORDERED.

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Dated: 4/26/16

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HOWARD R. LLOYD
United States Magistrate Judge

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United States District Court
Northern District of California

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