Abdul Nevarez v. Forty Niners Football Company, LLC
Filing
130
ORDER REGARDING MARCH 1, 2018 JOINT DISCOVERY LETTER BRIEF. Signed by Magistrate Judge Susan van Keulen on 3/5/2018. (ofr, COURT STAFF) (Filed on 3/5/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ABDUL NEVAREZ, et al.,
Plaintiffs,
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United States District Court
Northern District of California
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Case No.16-cv-07013-LHK (SVK)
ORDER REGARDING MARCH 1, 2018
JOINT DISCOVERY LETTER BRIEF
v.
FORTY NINERS FOOTBALL COMPANY,
LLC, et al.,
Re: Dkt. No. 125
Defendants.
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Pending before the Court is the parties’ Joint Discovery Letter, filed March 1, 2018,
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regarding Plaintiffs’ request that Defendants designate and produce witnesses by a date certain in
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response to Plaintiffs’ notices pursuant to Fed. R. Civ. P. 30(b)(6). ECF 125.
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On February 2, 2018, Plaintiffs served a Fed. R. Civ. P. 30(b)(6) notice on Defendants
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Forty Niners Football Company LLC, Forty Niners SC Stadium Company LLC, and Forty Niners
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Stadium Management Company LLC (“the Forty Niner Defendants”) requesting the deposition of
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corporate designee(s) on fourteen topics. ECF 125 at 1. On February 15, 2018, Plaintiffs served a
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Fed. R. Civ. P. 30(b)(6) notice on Defendants City of Santa Clara and Santa Clara Stadium
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Authority (“the Santa Clara Defendants”), requesting the deposition of corporate designee(s) on
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twelve topics. ECF 125 at 2. Plaintiffs seek these depositions in preparation for their Motion for
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Class Certification, due April 6, 2018. ECF 123 at 2; ECF 125 at 1.
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The parties’ respective meet and confer summaries demonstrate a certain lack of diligence
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on both sides, with more than a week passing between communications along with cross-
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allegations of failures to ask for, respond to, or otherwise confirm deposition dates. However,
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considering that the notices have been outstanding for more than thirty and fifteen days
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respectively, and in light of the impending deadline to file for class certification, the suggestion
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that this motion to set deposition dates is premature is not well founded.1 Balancing the parties’
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conduct to date, the case schedule, and issues of witness availability, the Court orders as follows:
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As to the Forty Niner Defendants, the parties have agreed to depositions on March 14,
2018 (for Topic 5) and March 16, 2018 (for Topics 6-9). ECF 125 at 3. The only
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dispute raised by the letter relates to the deposition date for the witness for Topics 1-4,
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who is apparently out of the country from March 8, 2018 – March 23, 2018. ECF 125
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at 3. Defense counsel has proposed March 28, 2018, as the first date that both she and
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the witness are available, without further explanation. ECF 125 at 6. The witness for
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the Forty Niner Defendants on Topics 1-4 shall be produced for deposition either
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prior to March 8, 2018 OR on Monday, March 26, 2018. Defendants may choose
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United States District Court
Northern District of California
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on which date in this time frame the witness will be made available.
2. As to the Santa Clara Defendants, the depositions will go forward during the weeks
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of March 12, 2018, and March 19, 2018, to be concluded no later than March 23,
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2018, two weeks before the class certification briefing is due.
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SO ORDERED.
Dated: March 5, 2018
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SUSAN VAN KEULEN
United States Magistrate Judge
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The Defendants complain generally about scope of 30(b)(6) topics as a reason for not yet
confirming dates. However, no specific issue as to scope has been properly brought to the Court
for adjudication.
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