Johnson v. Saberi et al

Filing 16

Order re 15 Administrative Motion; Order Directing Parties to Meet and Confer re Joint Site Inspection Signed by Judge Edward J. Davila on 10/9/2019.(ejdlc1S, COURT STAFF) (Filed on 10/9/2019)

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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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United States District Court
Northern District of California

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SCOTT JOHNSON,
Plaintiff,
v.
ANDY SABERI, et al.,
Defendants.

Case No. 5:19-cv-02571-EJD
ORDER DIRECTING PARTIES TO
MEET AND CONFER RE JOINT SITE
INSPECTION
Re: Dkt. No. 15

Plaintiff Scott Johnson has filed an administrative motion asking the court to order

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Defendants to show cause for failing to provide dates of availability for the joint site inspection

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and to strike Defendants’ answer if they do not adequately explain their failures to provide dates.

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General Order 56 requires the parties to meet in person at the subject premises to conduct a joint

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site inspection, unless the plaintiff alleges only programmatic or policy violations. N.D. Cal.

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Standing Order No. 56 ¶ 3. The parties’ counsel shall also attend the joint site inspection. Id.

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Experts may accompany the parties to the site inspection, but unlike the parties and their counsel,

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the attendance of experts is not required. Id. Here, Mr. Johnson does not allege only

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programmatic or policy violations, so Mr. Johnson, his counsel, Defendants, and Defendants’

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counsel must all meet in person at the subject premises to conduct the joint site inspection. See

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id.; Compl. ¶¶ 14-22. Mr. Johnson represents that Citibank has not responded to his attempts to

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schedule the joint site inspection.

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The court orders the parties to meet and confer in good faith to reach an agreed-upon time

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and date when Mr. Johnson, his counsel, Defendants, and their counsel can all meet in person at

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the subject premises for the joint site inspection. This date must be within 35 days of the date of

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Case No.: 5:19-cv-02571-EJD
ORDER DIRECTING PARTIES TO MEET AND CONFER RE JOINT SITE INSPECTION
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this order. Within seven days of the date of this order, the parties shall file a stipulation extending

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the deadline for the joint site inspection; the stipulation shall include an attestation from each party

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affirming that the party, in addition to their counsel, will attend the joint site inspection in person.

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If Defendants do not comply with this order, Mr. Johnson may file a second motion to for

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an order to show cause. This order resolves docket entry 15.
IT IS SO ORDERED.
Dated: October 9, 2019
______________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:19-cv-02571-EJD
ORDER DIRECTING PARTIES TO MEET AND CONFER RE JOINT SITE INSPECTION
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