Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS by li3490

VIEWS: 4 PAGES: 2

									                                                                              Case 3:04-cv-04437-TEH             Document 39          Filed 09/09/2005         Page 1 of 2



                                                                          1

                                                                          2

                                                                          3
                                                                          4                                     UNITED STATES DISTRICT COURT

                                                                          5                                   NORTHERN DISTRICT OF CALIFORNIA
                                                                          6
                                                                              ROSALETY BARNETT,                                           Case No. 04-04437 TEH (JCS)
                                                                          7
                                                                                              Plaintiff(s),                               ORDER GRANTING IN PART AND
                                                                          8                                                               DENYING IN PART PLAINTIFFS
                                                                                      v.                                                  MOTION TO COMPEL DISCOVERY
                                                                          9                                                               RESPONSES [Docket No. 21] AND
                                                                              COUNTY OF CONTRA COSTA,                                     DENYING PLAINTIFFS MOTION FOR
                                                                         10                                                               SANCTIONS [Docket No. 23]
United States District Court




                                                                         11               Defendant(s).
                                                                              ___________________________________/
                                                                         12
                               For the Northern District of California




                                                                         13           On July 25, 2005, Plaintiffs filed a Motion to Compel Discovery Responses (the “Motion to
                                                                         14   Compel”), and a Motion for Sanctions.
                                                                         15           On September 2, 2005, the Motion to Compel and Motion for Sanctions came on for hearing.
                                                                         16   Mark Merin, counsel for Plaintiffs, appeared. James V. Fitzgerald, counsel for Defendants, appeared.
                                                                         17           For reasons stated on the record, and good cause shown,

                                                                         18           IT IS HEREBY ORDERED that the Motion to Compel is GRANTED IN PART AND DENIED
                                                                         19   IN PART. Within five (5) Court days of this Order, the parties shall meet-and-confer to develop a
                                                                         20   reasonable plan to answer the questions sought in the interrogatories. If the parties cannot reach a solution,
                                                                         21   within fifteen (15) Court days of this Order, Plaintiff shall take a 30(b)(6) deposition of the person most
                                                                         22   knowledgeable of the record keeping by Defendants during the relevant time period for the relevant

                                                                         23   facilities, including computerized and non-computerized record keeping. If the parties are unable to reach a
                                                                         24   reasonable plan to answer the interrogatories, the parties shall submit a Joint Letter to the Court within
                                                                         25   twenty (20) Court days of this Order. This Joint Letter shall include a description of every issue in dispute
                                                                         26   and, with respect to each such issue, a detailed summary of each party’s final substantive position and their
                                                                         27   final proposed compromise on each

                                                                         28
                                                                              Case 3:04-cv-04437-TEH            Document 39          Filed 09/09/2005        Page 2 of 2



                                                                          1   issue. Upon receipt of the Joint Letter, the Court will place the matter on calendar for hearing.
                                                                          2          IT IS HEREBY FURTHER ORDERED that the Motion for Sanctions is DENIED.

                                                                          3          IT IS SO ORDERED.
                                                                          4

                                                                          5   Dated: September 9, 2005
                                                                          6                                                   _______________________________
                                                                                                                              Joseph C. Spero
                                                                          7                                                   United States Magistrate Judge

                                                                          8
                                                                          9

                                                                         10
United States District Court




                                                                         11

                                                                         12
                               For the Northern District of California




                                                                         13
                                                                         14

                                                                         15
                                                                         16

                                                                         17

                                                                         18
                                                                         19

                                                                         20
                                                                         21

                                                                         22

                                                                         23
                                                                         24

                                                                         25
                                                                         26

                                                                         27

                                                                         28



                                                                                                                                    2

								
To top