Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Derek Kerr v. the City and County of San

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 17, 2012

DEREK KERR,
PLAINTIFF,
v.
THE CITY AND COUNTY OF SAN FRANCISCO, MITCHELL H. KATZ, MIVIC HIROSE, COLLEEN RILEY,
DEFENDANTS.

The opinion of the court was delivered by: Joseph C. Spero Judge

DEBORAH KOCHAN (S.B. #152089) dkochan@kochanstephenson.net 2 MATHEW STEPHENSON (S.B. #154330) mstephenson@kochanstephenson.net 3 KOCHAN & STEPHENSON 260 California Street, Suite 803 4 San Francisco, California 94111 Telephone: (415) 392-6200 5 Facsimile: (415) 392-6242 6 Attorneys for Plaintiff 7 DEREK KERR DENNIS J. HERRERA (S.B. #139669) 9 City Attorney ELIZABETH S. SALVESON (S.B. #83788) 10 Chief Labor Attorney 11 JONATHAN C. ROLNICK (S.B. #151814) Deputy City Attorney 12 1390 Market Street, Fifth Floor (Fox Plaza) San Francisco, CA 94102-5408 13 Telephone: (415) 554-3930 14 Facsimile: (415) 554-4248 E-mail: Jonathan.Rolnick@sfgov.org 15 Attorneys for Defendants 16 CITY AND COUNTY OF SAN FRANCISCO, ET AL. 17 18

STIPULATION RE DISCOVERY DISPUTE RE 30(b)(6) DEPOSITION RE FINAL POLICY MAKING AUTHORITY

Whereas the parties had a dispute regarding certain timely discovery propounded by plaintiff, 2 discovery that plaintiff contends is necessary to oppose, in part, defendants' pending motion for 3 summary judgment; 4 Whereas at the direction of the court, the parties met and conferred regarding the scope of 5 6 plaintiff's noticed 30(b)(6) deposition relating to the custom and/or practice of the San Francisco Health Commission, the Director of Health, the Executive Administrator of Laguna Honda Hospital, 8 and the Medical Director of Laguna Honda Hospital with respect to making decisions regarding the 9 layoff, termination, rehire and/or reassignment of physicians at Laguna Honda Hospital. 10

The parties have agreed to resolve this discovery dispute as follows:

Defendants will produce a 30(b)(6) witness to describe in general terms, for the period 13 January 1, 2005 to December 31, 2010, the custom and/or practice, if any, of the Director of Health 14 for making decisions regarding the layoff, termination, rehire, and/or reassignment of physicians at 15 Laguna Honda Hospital; the review, approval, disapproval, modification, or delegation of such 16 responsibilities for such decisions, the review of the Director's decisions by any individual or entity 17 (including in general terms the nature of such reviews), as well as the sources of authority supporting 18 the Director of Health's exercise of such authority

Defendants will produce a 30(b)(6) witness to describe in general terms, for the period 19 January 1, 2005 to December 31, 2010, the custom and/or practice, if any, of the Executive 21 Administrator of Laguna Honda Hospital for making decisions regarding the layoff, termination, 22 rehire, and/or reassignment of physicians at Laguna Honda Hospital; the review, approval, 23 disapproval, modification, or delegation of such responsibilities for such decisions, the review of the 24 Executive Administrator's decisions by any individual or entity (including in general terms the 25 nature of such reviews), as well as the sources of authority supporting the Executive 26 Administrator's exercise of such authority.

Defendants will produce a 30(b)(6) witness to describe in general terms, for the period January 1, 2005 to December 31, 2010, the custom and/or practice, if any, of the Medical Director 3 for Laguna Honda Hospital for making decisions regarding the layoff, termination, rehire, and/or 4 reassignment of physicians at Laguna Honda Hospital; the review, approval, disapproval, 5 modification, or delegation of such responsibilities for such decisions, the review of the Medical 6

Director's decisions by any individual or entity (including in general terms the nature of such 7 reviews), as well as the sources of authority supporting the Medical Director's exercise of such 8 authority. 9

Defendants will produce a 30(b)(6) witness to describe in general terms, for the period January 1, 2005 to December 31, 2010, the custom and/or practice, if any, of the San Francisco 11 Health Commission for making decisions regarding the layoff, termination, rehire, and/or 12 reassignment of physicians at Laguna Honda Hospital; the review, approval, disapproval, 13 modification, or delegation of such responsibilities for such decisions, the review of the San 14 Francisco Health Commission's decisions by any individual or entity (including in general terms the 15 nature of such reviews), as well as the sources of authority supporting the Commission's exercise of 16 such authority. 17 18

Defendants and Plaintiff stipulate that they will not seek to introduce evidence that predates January 1, 2005 relating to any practice and/or custom of the individuals, positions and/or entities 20 described above, nor will defendants argue that the time period from January 1, 2005 through 21 December 31, 2010 is, based on the brevity of the time period, insufficient to establish the existence 22 of any practice and/or customof said individuals, positions and/or entities. 23

This agreement is not intended to limit either parties' reference to or reliance on any legal 24 authority, despite the fact that said legal authority may predate, or the facts referenced therein may 25 relate to events occurring before, January 1, 2005.

By use of the terms "practice" or "custom" herein, Defendants do not concede the existence 2 of any "practice" or "custom" for purposes of municipal liability under Monell v. Dept. of Social 3 Services, 436 U.S. 658, 694 (1978).

Said 30(b)(6) deposition will not be in excess of one half day (3.5 hours) in length and will be completed on or before July 12, 2012. 6 7 8

IT IS SO ORDERED

20120717

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.