Plantiff's Motion to Compel Production of Documents - The DADT ...

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Case 2:04-cv-08425-VAP-E Document 130 Filed 03/19/10 Page 16 of 83 Page ID #:798 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cutoff date were going to be continued. We had, as you know, a status conference before Judge Phillips on February 18 and at that status conference she said: "What I'm inclined to do is probably to continue the trial date for a short period of time and continue the discovery cutoff date; because I foresee that what's probably really necessary here is more time to resolve the issues that I have identified about discovery, but not necessarily to issue a stay at this time. So I will issue a written Order." And then we received the Court's written Order on March 4th, in which we were advised that the Court was not continuing the trial and not continuing the discovery cutoff date. So I appreciate that we perhaps could have moved a little faster, but that's what was going on in the case. And in that regard, your Honor, I want to be clear with you that these are the only discovery motions that will be brought. We are not contemplating any other discovery motions. We have no other discovery disputes to bring to you. It is also the case that these -- THE COURT: Let me interrupt you for a second, because I'm not sure that's necessarily accurate. EXCEPTIONAL REPORTING SERVICES, INC 16 For example, what if the Court were to grant all or part of the ex parte application concerning the deposition and then the Government were to show up at the deposition with a
Case 2:04-cv-08425-VAP-E Document 130 Filed 03/19/10 Page 17 of 83 Page ID #:799 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wholly unprepared Rule 30(b)(6) witness? Would you do nothing in response to that situation or would you come back into court with a motion or an application seeking a discovery order? MR. WOODS: I suppose I can't predict exactly the future, your Honor, but I can tell you that we are not planning to come back to you with any discovery motions or issues on the other discovery issues that we have with opposing counsel in this case. In other words, there are other discovery requests and responses to discovery requests -- THE COURT: So apart from the Rule 30(b)(6) deposition and request for admissions, you know, the document requests, there aren't any other outstanding discovery disputes in the pipeline that you're going to bring to the Court, that's what you're saying? MR. WOODS: Yes, your Honor. THE COURT: All right. EXCEPTIONAL REPORTING SERVICES, INC 17 MR. WOODS: And I would also tell your Honor that I do not believe that these disputes before you today and their resolution will in any way delay the progress of the case towards its currently scheduled June 14th trial date. I will also tell you that I believe that we, not only are entitled to the discovery that we're asking for in the motion and in the ex partes, but that it will be important for us to have that discovery in order to respond to an anticipated motion for summary judgment by the Government which we expect
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Plantiff's Motion to Compel Production of Documents - The DADT ...

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