LaVonne Baker v. Santa Clara University

Filing 81

ORDER re Joint Discovery Letter Brief re 30(b)(6) and Brady Depositions. Signed by Judge Virginia K. DeMarchi on 8/23/2018. Parties to meet and confer by close of business on 8/24/2018. Depositions to take place by 9/7/2018. (vkdlc1S, COURT STAFF) (Filed on 8/23/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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LAVONNE BAKER,
Plaintiff,

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United States District Court
Northern District of California

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Case No.17-cv-02213-EJD (VKD)

v.
SANTA CLARA UNIVERSITY,
Defendant.

ORDER RE JOINT DISCOVERY
LETTER BRIEF RE 30(B)(6) AND
BRADY DEPOSITIONS
Re: Dkt. No. 80

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On August 21, 2018, the parties submitted a joint discovery letter brief regarding the

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depositions of Mike Brady and defendant Santa Clara University (“SCU”) pursuant to Federal

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Rule of Civil Procedure 30(b)(6). Dkt. No. 80. Plaintiff LaVonne Baker seeks an order

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compelling the full-day deposition of Mr. Brady, as well as the deposition(s) of 30(b)(6)

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witness(es) for categories 1, 5, and 9 as identified in Ms. Baker’s counsel’s August 3, 2018 email

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to SCU’s counsel. Dkt. No. 80, Ex. D. Fact discovery closed on August 10, 2018.

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Ms. Baker initially noticed Mr. Brady’s deposition for August 7, 2018 at 9:00 a.m.,

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although SCU contends that such notice was insufficient and therefore improper. A deposition for

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another witness was scheduled for the same day at 3:00 p.m. On August 4, 2018, SCU’s counsel

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informed Ms. Baker’s counsel that Mr. Brady would be unable to attend a deposition on August 7

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due to a family emergency, and stated that SCU would stipulate that Ms. Baker could take Mr.

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Brady’s deposition after the August 10, 2018 fact discovery deadline. Dkt. No. 80, Ex. B.

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On July 31, 2018, the Court issued an order resolving the parties’ dispute concerning Ms.

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Baker’s Rule 30(b)(6) deposition notice to SCU. Dkt. No. 69. Thereafter, once it became clear

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that the 30(b)(6) deposition of SCU on categories 1, 5, and 9 in the notice could not be completed

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before the fact discovery deadline, the parties initially agreed to stipulate that Ms. Baker could

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also take the 30(b)(6) deposition after August 10, 2018. Dkt. No. 80, Exs. C, D, 2. However, after

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Ms. Baker filed a Joint Stipulation to Depose Witness After the Discovery Cut-off (Dkt. No. 73)

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with the Court on August 10, 2018 without SCU’s authorization, SCU rescinded its initial

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agreement concerning the timing of both the Brady and 30(b)(6) depositions.1 Dkt. No. 80 at 2, 5–

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6.
The parties now dispute whether Ms. Baker should be permitted to take any depositions

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after the August 10, 2018 discovery deadline, and if she is permitted to do so, whether Mr. Brady

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should be required to sit for a full day of deposition (7 hours) or a half day of deposition (3.5

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hours).

United States District Court
Northern District of California

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As the Court has found previously, Ms. Baker has not acted diligently to obtain discovery

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in this case. Dkt. No. 59 at 1; see also Dkt. No. 64, Ex. 1 at 3, 5 (stating that plaintiff first served

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notice of 30(b)(6) deposition on SCU on May 31, 2018 and took one 30(b)(6) witness on July 24,

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2018); Dkt. No. 80 at 6 (noting that plaintiff did not respond to defendant’s June 5, 2018 proposal

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of dates for the remaining 30(b)(6) depositions until August 8, 2018). Although the fact discovery

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deadline has indeed passed, SCU does not identify any material prejudice that it would suffer from

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permitting Ms. Baker to take the depositions of Mr. Brady and SCU’s representatives. It appears

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that SCU was willing to proceed with specific, limited deposition discovery after the deadline, so

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long as Ms. Baker obtained the Court’s permission to do so.
In these circumstances, the Court will permit Ms. Baker to take the individual deposition

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of Mr. Brady and the Rule 30(b)(6) deposition of SCU on categories 1, 5, and 9 of Ms. Baker’s

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Rule 30(b)(6) notice. The depositions must take place no later than September 7, 2018, unless

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SCU specifically agrees to a different date. The depositions of Mr. Brady and any representative

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witness(es) will be limited to a total of no more than 7 hours on the record for all deposition

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testimony. Ms. Baker may divide the 7 hours between Mr. Brady and the representative witnesses

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as she chooses, but she is limited to 7 hours of deposition time total. The parties shall meet and

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Ms. Baker withdrew the unauthorized joint stipulation the next business day on August 13, 2018.
Dkt. No. 75.
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confer by close of business on August 24, 2018 to set a date for the depositions.
IT IS SO ORDERED.

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Dated: August 23, 2018

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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