Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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

Fitch v. San Francisco Unified School District

United States District Court, N.D. California

July 29, 2016

SYLVIA FITCH, Plaintiff,
v.
SAN FRANCISCO UNIFIED SCHOOL DISTRICT, Defendants.

          Case filed: 06/19/15

          Case reassigned: 08/14/15, 09/11/15

          Trial date: 03/13/17

          LAW OFFICE OF RICHARD M. ROGERS BY RICHARD M. ROGERS ATTORNEY FOR PLAINTIFF SYLVIA FITCH

          BERTRAND, FOX, ELLIOT, OSMAN & WENZEL BY EUGENE B. ELLIOT ATTORNEY FOR DEFENDANT SAN FRANCISCO UNIFIED SCHOOL DISTRICT

          APPLICATION FOR ORDER REGARDING DEPOSITION OF ABDUL LATIF IN OCTOBER; [PROPOSED] ORDER

          SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

         The parties hereby apply to the Court for an order directing non-party Abdul Latif to appear for deposition on October 17, 25, 26 or 28, 2016. In orders filed on June 9, 2016 and June 29, 2016, the Court held Mr. Latif in contempt for his failure to obey two subpoenas to appear for deposition. Copies of the orders are attached as Exhibit A.

         The June 29, 2016 order directed Mr. Latif to appear for deposition on June 29, 2016 and that if he failed to do so he would be subjected to further sanctions. Mr. Latif did not appear as directed.

         On June 29, 2016, the Court held a status conference in this case and found it appropriate to order the U.S. Marshal to serve Mr. Latif with copies of the June 9, 2016 and June 29, 2016 orders.

         The June 29, 2016 order also directed Mr. Latif to appear for deposition on July 28, 2016 at 1:30 p.m. The U.S. Marshal has been unable to effect service because it appears that Mr. Latif is evading service.

         Mr. Latif will return to work in August. Plaintiff’s counsel has requested that Mr. Latif’s deposition be set for a date in October. As Mr. Latif will be at work, the District can assist with service. Because the District and plaintiff have been unable to successfully secure Mr. Latif’s appearance, it is appropriate to order the United States Marshal Service to serve Mr. Latif with a copy of this order, as well as the June 9, 2016 and June 29, 2016 orders. One U.S. Marshal shall be sufficient to effectuate service. Plaintiff shall pay the U.S. Marshal Service the fees and costs for service, which is $65 per hour for the Marshal and $.54 per mile for mileage.

         Both plaintiff’s counsel and the District’s counsel are available on October 17, 25, 26 or 28. A status conference shall be set for the same date as the deposition to determine what sanctions may be warranted should Mr. Latif fail to appear.

         ATTORNEY ATTESTATION

         I, EUGENE ELLIOT, am the ECF User whose ID and password are being used to file this APPLICATION FOR ORDER RE DEPOSITION OF ABDUL LATIF; [PROPOSED] ORDER. I have obtained concurrence in and authorization of the filing of this document from Richard M. Rogers, attorney for Plaintiff SYLVIA FITCH. I shall maintain records to support this concurrence ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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