Opinion
CASE NO. 2:10-CV-02314-WBS-EFB
07-24-2012
JIMMY COCHRAN, Plaintiff, v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, and Does 1 through 15, inclusive, Defendant.
Robert Boucher for GAY L. CARROLL Law Offices of Gay Carroll Attorney for Plaintiff BENJAMIN B. WAGNER UNITED STATES ATTORNEY EDWARD A. OLSEN Assistant United States Attorney Attorneys for Federal Defendant
BENJAMIN B. WAGNER
United States Attorney
EDWARD A. OLSEN
Assistant U.S. Attorney
Attorneys for United States of America
STIPULATION AND ORDER
REGARDING PLAINTIFF'S MOTION
TO COMPEL AND DEFENDANT'S
MOTION FOR A PROTECTIVE ORDER
QUASHING FED. R. 30(b)(6)
DEPOSITION
Plaintiff, by and through his attorney of record, and Defendant, by and through his attorneys of record, hereby stipulate, subject to approval of the Court, to the following in order to resolve their discovery disputes regarding Plaintiff's Motion to Compel relating to Defendant's Response to Plaintiff's Request for Production No. 25 and Request for Sanctions, and Defendant's Motion for a Protective Order to quash Plaintiffs Fed. R. Civ. P. 30(b)(6) deposition:
(1) Plaintiff will withdraw his current Request for Production No. 25 and will revise his Request for Production No. 25 in the following manner: (a) he will list the 14 job positions referred to in the current Request for Production No. 25 in a manner that will allow Defendant to identify which job positions Plaintiff is referring to; (b) he will list the month and year that he applied for the Emerging Leaders Program in 2008; and (c) Plaintiff will ask Defendant to identify the race, sex and gender of each successful job applicant (not the successful job applicants' names or other identifying information) for each of the 14 job positions listed in the revised Request and races, sexes and genders of each graduate of the 2008 Emerging Leaders Development Program (not the graduates' names or other identifying information).
(2) Plaintiff will serve Defendant with his revised Request for Production No. 25 no later than July 20, 2012.
(3) Defendant will respond to Plaintiff's revised Request for Production No. 25 within 14 days of service of the revised Request for Production No. 25.
(4) Plaintiff hereby withdraws his Motion to Compel relating to Defendant's Response to Plaintiff's Request for Production No. 25 and Request for Sanctions, as well as his Fed. R. Civ. P. 30(b)(6) deposition notice. Defendant, in turn, will withdraw his Motion for a Protective Order seeking to quash the Fed. R. Civ. P. 30(b)(6) deposition currently noticed for July 18, 2012.
(5) The parties respectfully agree to submit the above-entitled action to the Voluntary Dispute Resolution Program pursuant to Local Rule 271.
(6) The parties agree to refrain from noticing or taking any further depositions until such time as efforts to resolve the action through the Voluntary Dispute Resolution Program are unsuccessful.
Robert Boucher for
GAY L. CARROLL
Law Offices of Gay Carroll
Attorney for Plaintiff
BENJAMIN B. WAGNER
UNITED STATES ATTORNEY
EDWARD A. OLSEN
Assistant United States Attorney
Attorneys for Federal Defendant
ORDER
1. The parties' stipulation and proposed order is approved, and the two pending motions for discovery, Dckt. Nos. 24 and 27, are deemed withdrawn.
2. As ordered at the July 17, 2012 hearing on the parties' discovery motions, the status (pretrial scheduling) order in this action is modified as follows:
a. All non-expert discovery, including depositions for preservation of testimony, shall be completed by September 25, 2012. See Dckt. Nos. 19, 22.
As indicated in the status (pretrial scheduling) order, Dckt. No. 19, the word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed.
b. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before October 15, 2012.
_________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE