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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ABDUL NEVAREZ, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 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. 12 13 Pending before the Court is the parties’ Joint Discovery Letter, filed March 1, 2018, 14 regarding Plaintiffs’ request that Defendants designate and produce witnesses by a date certain in 15 response to Plaintiffs’ notices pursuant to Fed. R. Civ. P. 30(b)(6). ECF 125. 16 On February 2, 2018, Plaintiffs served a Fed. R. Civ. P. 30(b)(6) notice on Defendants 17 Forty Niners Football Company LLC, Forty Niners SC Stadium Company LLC, and Forty Niners 18 Stadium Management Company LLC (“the Forty Niner Defendants”) requesting the deposition of 19 corporate designee(s) on fourteen topics. ECF 125 at 1. On February 15, 2018, Plaintiffs served a 20 Fed. R. Civ. P. 30(b)(6) notice on Defendants City of Santa Clara and Santa Clara Stadium 21 Authority (“the Santa Clara Defendants”), requesting the deposition of corporate designee(s) on 22 twelve topics. ECF 125 at 2. Plaintiffs seek these depositions in preparation for their Motion for 23 Class Certification, due April 6, 2018. ECF 123 at 2; ECF 125 at 1. 24 The parties’ respective meet and confer summaries demonstrate a certain lack of diligence 25 on both sides, with more than a week passing between communications along with cross- 26 allegations of failures to ask for, respond to, or otherwise confirm deposition dates. However, 27 considering that the notices have been outstanding for more than thirty and fifteen days 28 respectively, and in light of the impending deadline to file for class certification, the suggestion 1 that this motion to set deposition dates is premature is not well founded.1 Balancing the parties’ 2 conduct to date, the case schedule, and issues of witness availability, the Court orders as follows: 1. 3 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 5 dispute raised by the letter relates to the deposition date for the witness for Topics 1-4, 6 who is apparently out of the country from March 8, 2018 – March 23, 2018. ECF 125 7 at 3. Defense counsel has proposed March 28, 2018, as the first date that both she and 8 the witness are available, without further explanation. ECF 125 at 6. The witness for 9 the Forty Niner Defendants on Topics 1-4 shall be produced for deposition either 10 prior to March 8, 2018 OR on Monday, March 26, 2018. Defendants may choose 11 United States District Court Northern District of California 4 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 12 13 of March 12, 2018, and March 19, 2018, to be concluded no later than March 23, 14 2018, two weeks before the class certification briefing is due. 15 16 SO ORDERED. Dated: March 5, 2018 17 18 SUSAN VAN KEULEN United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 1 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. 2

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