Johnson v. Twin Palms Apartments LLC

Filing 28

ORDER FOR LIMITED RULE 56(D) DISCOVERY; VACATING HEARING ON MOTION FOR SUMMARY JUDGMENT. Signed by Judge Susan van Keulen on 7/16/2021.(svklc1S, COURT STAFF) (Filed on 7/16/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,
Plaintiff,

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v.

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TWIN PALMS APARTMENTS LLC,
Defendant.

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United States District Court
Northern District of California

Case No. 21-cv-00594-SVK
ORDER FOR LIMITED RULE 56(D)
DISCOVERY; VACATING HEARING
ON MOTION FOR SUMMARY
JUDGMENT
Re: Dkt. Nos. 23, 25

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Before the Court is Plaintiff’s request to continue the hearing on Defendant’s motion for

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summary judgment and to allow Plaintiff to conduct discovery pursuant to Fed. R. Civ. P. 56(d).

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In its motion for summary judgment, Defendant sets forth compelling evidence of its efforts to

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inform Plaintiff that the subject properties are not places of “public accommodation” within the

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meaning of the relevant code sections and that Plaintiff ignored those efforts. Failure to engage in

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addressing such a foundational issue only serves to increase costs of litigation and waste judicial

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resources. It is therefore a very close call as to whether Plaintiff has exercised the requisite

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diligence to be entitled to relief under Rule 56(d). Accordingly, the Court will allow two one-hour

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depositions pursuant to Rule 30(b)(b), one deposition for each subject tenant, on the sole topic of

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whether the subject properties are “places of public accommodation.” The depositions are to be

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set at Defendant’s convenience in the next 45 days. Parties are to notify the Court upon

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completion of the final deposition.

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Plaintiff’s opposition to the motion for summary judgment will be due within 10 days of

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completion of the final deposition. Defendant’s reply will be due 7 days thereafter. The Court

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will set a hearing if it deems it necessary.

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SO ORDERED.
Dated: July 16, 2021

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SUSAN VAN KEULEN
United States Magistrate Judge

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United States District Court
Northern District of California

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