Free Report of Rule 26(f) Planning Meeting - District Court of California - California

Case 3:07-cv-02170-LAB-LSP

Document 31

Filed 07/31/2008

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1 Lynn M. Beekman, SBN 149325 Amberlynn K. Deaton, SBN 239196 2 WERTZ McDADE WALLACE MOOT & BROWER A Professional Corporation 3 945 Fourth Avenue San Diego, California 92101 4 (619) 233-1888 / Fax: (619) 696-9476 5 Attorneys for Defendant C&D Towing Specialists, Inc. 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 MARK DARULIS, 11 Plaintiff, 12 v. 13 CITY OF SAN DIEGO; SAN DIEGO 14 POLICE OFFICER HIBSHMAN #3773; C&D TOWING SPECIALISTS, INC.; SAN DIEGO 15 PARKING ENFORCEMENT OFFICER PARKER #8024; SAN DIEGO APPEALS 16 CLERK MARTHA FLORES, 17 18 19 Pursuant to Federal Rule of Civil Procedure 26(f) and the court's Order setting Rule 26 Defendants. Trial Date: Not Set DEFENDANT C&D TOWING SPECIALISTS, INC.'S DISCOVERY PLAN CASE NO. 07CV2170LAB (LSP)

Judge: Complaint Filed:

Larry Alan Burns November 13, 2007

20 Compliance and Notice of Case Management Conference, dated June 18, 2008, defendant C&D 21 Towing Specialists, Inc. (hereinafter, "C&D Towing") has met and conferred with plaintiff Mark 22 Darulis to discuss a discovery plan. The following implements the Discovery Plan discussed by 23 the parties. 24 25 A. Changes to Timing, Form or Requirement for Disclosures Under Rule 26(a)

Pursuant to the Court's June 18, 2008 order, the Rule 26(a)(1)(A-D) disclosures will be

26 made on or before August 1, 2008. 27 The disclosure of expert testimony and materials, pursuant to Rule 26(a)(2), shall take

28 place 90 days before the trial date, unless otherwise directed by the Court. If the expert evidence
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1 or testimony is intended solely to rebut or contradict expert evidence or testimony on the same 2 subject matter as that disclosed by a party pursuant to Rule 26(2)(b), the disclosure shall be made 3 within 30 days after disclosure by the other party. 4 The parties pretrial disclosures, pursuant to Rule 26(a)(3), shall take place 30 days before

5 trial, unless otherwise directed by the Court. Within 14 days thereafter, unless a different time is 6 specified by the Court, a party may serve and file a list disclosing any permissible objections to 7 the pre-trial disclosures, as set forth in Rule 26(a)(3)(C). 8 9 10
WERTZ MCDADE WALLACE MOOT & BROWER

All disclosures must be made in writing, signed and served, as set forth in Rule 26(a)(4). B. The Subjects of Discovery and When Discovery Should be Completed

The parties may seek discovery regarding any matter, not privileged, that is related to the

11 claim or defense of any party, in conformance with Rule 26(b). The parties may use any method 12 of discovery set forth in Rule 26(a)(5) and in any sequence, as set forth in Rule 26(d). 13 Discovery shall be completed as set forth above. Discovery will not be conducted in

A Professional Corporation 945 Fourth Avenue San Diego, California 92101 Tel (619) 233-1888 · Fax (619) 696-9476

14 phases or be limited to specific issues. 15 16 C. Discovery of Electronically Stored Information

Electronically stored information regarding the programmed fees generated by the San

17 Diego Police Department computer software is within the custody and control of the City of San 18 Diego and its Police Department. 19 20 D. Claims of Privilege or Protection

The parties shall address any claims of privilege or protection of trial preparation materials

21 in conformance with Rules 26(b)(5) and 26(c). 22 23 E. Other Limitations or Requested Orders

The parties shall supplement their disclosures and discovery responses as set forth in Rule

24 26(e). The parties seek no other limitations or discovery order at this time. 25 / / / 26 / / / 27 / / / 28 / / /
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1 Dated: July 31, 2008 2 3 4 5 6 7 8 9 10
WERTZ MCDADE WALLACE MOOT & BROWER

WERTZ McDADE WALLACE MOOT & BROWER A Professional Corporation

By:

/s/ Lynn M. Beekman Lynn M. Beekman Attorneys for Defendant C&D Towing Specialists, Inc.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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A Professional Corporation 945 Fourth Avenue San Diego, California 92101 Tel (619) 233-1888 · Fax (619) 696-9476

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1 2 3 MARK DARULIS, 4 5 v. Plaintiff,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CASE NO. 07CV2170JLS (LSP) DECLARATION OF SERVICE Judge: Complaint Filed: Trial Date: Larry Alan Burns November 13, 2007 Not Set

6 CITY OF SAN DIEGO; et al. 7 8 Defendants.

I, the undersigned, declare under penalty of perjury that I am over the age of eighteen years 9 and not a party to this action; and that I served the individuals on the service below the following 10
WERTZ MCDADE WALLACE MOOT & BROWER

documents: Defendant C & D Towing Specialists, Inc.'s Discovery Plan by U.S. Mail, by placing 11 a copy in a sealed envelope and placing it for collection and mailing with the United States Postal 12 Service this same day, at my address shown above, following ordinary business practices as to the 13 following party: 14 Mark Darulis, 3802 Rosecrans, #442, San Diego, CA, 92110 15 Executed: July 31, 2008, at San Diego, California. 16 17 18 19 20 21 22 23 24 25 26 27 28
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A Professional Corporation 945 Fourth Avenue San Diego, California 92101 Tel (619) 233-1888 · Fax (619) 696-9476

/s/ Tomi Lee Stant Tomi Lee Stant

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