Khan et al v. Rogers et al
| David Khan and Nay Zar Tun Kyaw |
| Justin Rogers, Neil H Gang, City of Pinole and Pinole Police Department |
| 3:2017cv05548 |
| September 27, 2017 |
| US District Court for the Northern District of California |
| San Francisco Office |
| San Mateo |
| Richard Seeborg |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
130
ORDER by Judge Laurel Beeler denying 128 Motion to Compel. As set forth in the attached order, the court denies the plaintiffs' motion to compel non-parties to respond to the plaintiffs' interrogatories and to compel the defendants to produce unspecified documents. (lblc1S, COURT STAFF) (Filed on 1/28/2019)
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Filing
125
ORDER by Judge Laurel Beeler denying as moot 119 Motion to Compel; addressing 120 Motion to Compel; denying 124 Motion to Strike.As set forth in the attached order, the court (1) denies as moot the plaintiffs' motion to compel production of documents, as there is no indication that the defendants have not produced "unedited" and "unmodified" copies of the documents the plaintiffs requested, (2) orders the parties to meet and confer regarding the plaintiffs' interrogatories, and (3) denies the plaintiffs' motion to strike. (lblc1S, COURT STAFF) (Filed on 1/16/2019)
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Filing
118
ORDER by Judge Laurel Beeler denying 117 Motion to Compel. As discussed in the attached order, a party may serve interrogatories only on other parties to the litigation, not on non-parties. Inspector Holcombe is not a party to this litigation. The plaintiffs therefore cannot compel him to respond to interrogatories. (lblc1S, COURT STAFF) (Filed on 12/28/2018)
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Filing
114
ORDER by Judge Laurel Beeler adjudicating 102 Defendants' Motion to Take Two Part Deposition Sessions of Plaintiffs, 108 Defendants' Proposal for Review of Plaintiff Khan's Cell Phone Data, 109 Defendants' Proposed Prote ctive Order, 110 Plaintiffs' "Notice for the record in good faith," 112 Plaintiffs' "Notice in good faith in the matter of law," 113 Plaintiffs' Email to Defendants and Court.As set forth in the attached order, the court adopts the defendants' proposed protocol for reviewing the forensic-backup data downloaded from Mr. Khan's cell phone, with the slight modification that the "taint team" must provide responsive documents and info rmation from the phone to the plaintiffs as well as to lead counsel for the defendants. The court denies without prejudice the defendants' motion to take two-part depositions of the plaintiffs. To the extent that the plaintiffs' submissions can be construed as motions, they are denied. (lblc1S, COURT STAFF) (Filed on 11/20/2018)
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Filing
107
ORDER re 105 Declaration in Support filed by Justin Rogers, City of Pinole.As set forth in the attached order, the court will try one more time to accommodate Mr. Khan's privacy interests in his cell phone. In lieu of granting th e defendants' request for direct access to the forensically downloaded backup data from the phone, the court directs the defendants to submit by November 16, 2018, (1) a proposal for review of the data by a "taint team" or a third-part y vendor separate and apart from the individuals and counsel directly involved with this litigation and (2) a proposed protective order that would protect non-responsive documents and information from the phone being produced to individuals outside o f the "taint team" or vendor, or to show cause why this would be infeasible. The plaintiffs may thereafter submit a response by November 19, 2018, and the defendants may submit a reply by November 20, 2018.The court grants the defenda nts' request to allow the phone to remain in the defendants' custody, absent further order of the court. The court declines to issue sanctions on its own authority against the plaintiffs at this time. Signed by Judge Laurel Beeler on November 13, 2018. (lblc1S, COURT STAFF) (Filed on 11/13/2018)
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Filing
101
ORDER re 88 Order on Discovery Letter Brief, 95 MOTION to Compel filed by David Khan.As set forth in the attached order, the court vacates the November 8, 2018 hearing due to the parties' scheduling conflicts, and rules as fo llows. The court denies the plaintiffs' motion to compel with respect to their subpoena to non-party Roberto Lemus. The court further orders the plaintiffs to (1) take back Mr. Khan's cell phone by November 12, 2018, (2) preserve all releva nt documents on the phone, and (3) produce all responsive documents from the phone by November 26, 2018, as set out in the court's September 28 order, ECF No. 88 . If the plaintiffs fail to comply, the defendants must notify the plaintiffs and the court by filing a notice on the docket. Signed by Judge Laurel Beeler on November 6, 2018. (lblc1S, COURT STAFF) (Filed on 11/6/2018)
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Filing
89
ORDER by Judge Laurel Beeler denying 86 Demand for Change of Judge. (lblc1S, COURT STAFF) (Filed on 9/28/2018)
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