PROCEEDINGS: (In Chambers)
NOTICE RE: PARTIAL LIFTING OF STAY
The stay on discovery previously ordered by this Court is lifted to permit the parties to engage in “incident specific discovery” in this case. “Incident specific discovery” means discovery directed towards the alleged tortious conduct of police officers giving rise to the present lawsuit, and includes all forms of discovery including depositions, requests for admission, document discovery and interrogatories. It does not include discovery on any of the following:
(1) Alleged Monell liability;
(2) Alleged supervisory liability of police officers, through the Chief of Police, and members of the Police Commission;
(3) Alleged liability of city officials, including the City Attorney and his deputies, the present and former Mayor, and members of the City Council and Board of Supervisors;
(4) Alleged conspiracy liability of officers not directly involved with an arrest or incident.
With respect to these four subjects on which discovery may not begin, the following plaintiff’s counsel are to confer for the purpose of developing (1) a single, comprehensive request for production of documents, (2) a single, comprehensive set of interrogatories, (3) a single, comprehensive set of requests for admission; and (4) an estimate of the time necessary to take the depositions of any elected officials: Bradley Gage; Leon Ibanez; Gail Lisoni; Richard Mendoza; Gregory Moreno; Samuel Paz; Gregory Smith; Stephen Yagman; Gregory Yates. Drafts of these four documents should be prepared and circulated among the remaining plaintiffs’ counsel by Monday, October 15, 2001. (A list of all plaintiffs’ counsel compiled by Judge Tevrizian is attached to this order). A status conference among all plaintiff’s counsel will be held on Monday, October 22, 2001, at 3:00 p.m. to discuss the completion of these discovery materials.
In the meantime, the City Attorney should be prepared, at the time of the status conference, to discuss a method for making all discovery documents available to all plaintiff’s counsel through a document depository in a manner similar to the system employed for making the Perez statements available.
IT IS SO ORDERED. |