United States District Court, N.D. California
reassigned: 08/14/15, 09/11/15
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]
ILLSTON UNITED STATES DISTRICT COURT JUDGE
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.
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.
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
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.
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.
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.
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 ...