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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

ABDUL NEVAREZ, et al.,

Plaintiffs,

v.

FORTY NINERS FOOTBALL COMPANY, 

LLC, et al.,

Defendants.

Case No.16-cv-07013-LHK (SVK)

ORDER REGARDING MARCH 1, 2018 

JOINT DISCOVERY LETTER BRIEF

Re: Dkt. No. 125

Pending before the Court is the parties’ Joint Discovery Letter, filed March 1, 2018, 

regarding Plaintiffs’ request that Defendants designate and produce witnesses by a date certain in 

response to Plaintiffs’ notices pursuant to Fed. R. Civ. P. 30(b)(6). ECF 125. 

On February 2, 2018, Plaintiffs served a Fed. R. Civ. P. 30(b)(6) notice on Defendants 

Forty Niners Football Company LLC, Forty Niners SC Stadium Company LLC, and Forty Niners 

Stadium Management Company LLC (“the Forty Niner Defendants”) requesting the deposition of 

corporate designee(s) on fourteen topics. ECF 125 at 1. On February 15, 2018, Plaintiffs served a 

Fed. R. Civ. P. 30(b)(6) notice on Defendants City of Santa Clara and Santa Clara Stadium 

Authority (“the Santa Clara Defendants”), requesting the deposition of corporate designee(s) on 

twelve topics. ECF 125 at 2. Plaintiffs seek these depositions in preparation for their Motion for 

Class Certification, due April 6, 2018. ECF 123 at 2; ECF 125 at 1. 

The parties’ respective meet and confer summaries demonstrate a certain lack of diligence 

on both sides, with more than a week passing between communications along with crossallegations of failures to ask for, respond to, or otherwise confirm deposition dates. However, 

considering that the notices have been outstanding for more than thirty and fifteen days 

respectively, and in light of the impending deadline to file for class certification, the suggestion 
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United States District Court

Northern District of California

that this motion to set deposition dates is premature is not well founded.1 Balancing the parties’ 

conduct to date, the case schedule, and issues of witness availability, the Court orders as follows: 

1. As to the Forty Niner Defendants, the parties have agreed to depositions on March 14, 

2018 (for Topic 5) and March 16, 2018 (for Topics 6-9). ECF 125 at 3. The only 

dispute raised by the letter relates to the deposition date for the witness for Topics 1-4, 

who is apparently out of the country from March 8, 2018 – March 23, 2018. ECF 125 

at 3. Defense counsel has proposed March 28, 2018, as the first date that both she and 

the witness are available, without further explanation. ECF 125 at 6. The witness for 

the Forty Niner Defendants on Topics 1-4 shall be produced for deposition either 

prior to March 8, 2018 OR on Monday, March 26, 2018. Defendants may choose 

on which date in this time frame the witness will be made available. 

2. As to the Santa Clara Defendants, the depositions will go forward during the weeks 

of March 12, 2018, and March 19, 2018, to be concluded no later than March 23, 

2018, two weeks before the class certification briefing is due. 

SO ORDERED. 

Dated: March 5, 2018 

SUSAN VAN KEULEN 

United States Magistrate Judge 

 

1

The Defendants complain generally about scope of 30(b)(6) topics as a reason for not yet 

confirming dates. However, no specific issue as to scope has been properly brought to the Court 

for adjudication.