Free Order - District Court of California - California

Case 3:07-cv-03758-SC

Document 149

Filed 02/25/2008

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 10 Plaintiffs,
For the Northern District of California

VETERANS FOR COMMON SENSE and VETERANS UNITED FOR TRUTH, INC.,

United States District Court

11 v. 12 13 14 Defendants. 15 16 17 I. 18 19 documents from Defendants. 20 responses and objections. 21 22 DISCOVERY JAMES B. PEAKE, Secretary of Veterans Affairs, et al.,

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No. C-07-3758 SC ORDER ON PRELIMINARY INJUNCTION HEARING

Plaintiffs have filed numerous requests for production of Defendants, in turn, have submitted Plaintiffs argue that they require

certain of these documents in order to fully present their Motion for Preliminary Injunction at the hearing scheduled for Monday, 23 March 3. 24 produce the documents requested in Plaintiffs' Designation of 25 Witnesses and List of Required Documents for Preliminary 26 Injunction Hearing. 27 28 See Docket No. 137 at 4-6. To the extent possible, Defendants are hereby ORDERED to

Case 3:07-cv-03758-SC

Document 149

Filed 02/25/2008

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For the Northern District of California

II.

PROTECTIVE ORDER The parties have been unable to agree on a protective order.

Plaintiffs' Motion for a Protective Order is set to be heard on March 7, 2008. Plaintiffs urge the Court to adopt their version

of the protective order prior to the preliminary injunction hearing. The Court reminds the parties, however, that the focus

of the hearing will not be on individual veterans' claims. Although the Court is aware that entry of a protective order will likely be necessary for future discovery, Plaintiffs have not demonstrated that such an order is necessary for the preliminary injunction hearing.

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III. WITNESSES Both parties have filed lists designating their proposed witnesses for the preliminary injunction hearing. Plaintiffs

allege that Defendants are refusing to produce five witnesses whom Plaintiffs wish to examine at the hearing. Of these five Kussman,

witnesses, one, Michael Kussman, is a named party.

rather than appearing himself, has, according to Defendants, directed that his Principal Deputy, Gerald Cross, appear and provide testimony. So long as Cross is able to competently

testify to the same information that Kussman would, the Court is satisfied that Cross's appearance in place of Kussman is appropriate. If, however, it becomes apparent that Cross lacks

information or expertise that Kussman would have, the Court will stay the proceedings for a brief period in order that Defendants may produce Kussman at the hearing. -2-

Case 3:07-cv-03758-SC

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For the Northern District of California

Regarding the other four witnesses, none of whom is a named party, Plaintiffs have not attempted to subpoena any of them. The

Court therefore declines to require these witnesses to appear at the hearing. The parties also appear unable to agree on the scheduling of witness testimony during the hearing. In case there is any

confusion, the Court notes that Plaintiffs will be expected to present their witnesses first. Once Plaintiffs have presented

their case, the Court will determine whether any rebuttal testimony by Defendants' witnesses is necessary. Both parties are

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expected to have their witnesses on hand and prepared to testify.

IT IS SO ORDERED.

Dated: February 25, 2008 UNITED STATES DISTRICT JUDGE

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