Opinion
18-cv-06743-SK
09-22-2021
MARIA ANDRADE, Plaintiff, v. AMERICAN FIRST FINANCE, INC., et al., Defendants.
ORDER ON DISCOVERY DISPUTE REGARDING INITIAL DISCLOSURES REGARDING DOCKET NO. 222
SALLIE KIM, United States Magistrate Judge.
On September 20, 2021, the parties filed a joint letter brief to address their discovery dispute concerning Defendant's amendment of its initial disclosures. Plaintiff seeks to take 19 additional depositions because Defendant American First Finance, Inc. disclosed additional witnesses in its second Amended Initial Disclosures served on August 25, 2021. The Court set a deadline of September 24, 2021 for non-expert discovery. Although Plaintiff has taken 10 depositions as authorized by Federal Rule of Civil Procedure 30, Plaintiff now seeks to depose additional witnesses identified for the first time by the second Amended Initial Disclosures. Defendant argues that Plaintiff was “aware of, [sic] 26 of the 32 potential witnesses listed” in the second Amended Initial Disclosures and cites the specific documents or depositions in which those 26 witnesses were mentioned.
Given the late disclosure, Plaintiff may take five additional depositions. Although Plaintiff seeks leave to take 19 additional depositions, Plaintiff does not explain or justify why all 19 are necessary. Even if Defendant had disclosed all the potential witnesses in a timely manner, Plaintiff would not have been able to take all 19 depositions. Plaintiff may take these additional five depositions after the September 24, 2021 deadline but no later than October 22, 2021.
IT IS SO ORDERED