Judge: Mark H. Epstein, Case: 22SMCV02356, Date: 2024-04-03 Tentative Ruling

Case Number: 22SMCV02356    Hearing Date: April 3, 2024    Dept: I

The court has reviewed the ex parte application.  Cause is shown, but not for a trial continuance.  Rather, the court will discuss the plaintiffs’ depositions.

Essentially, on May 22, 2023, the court imposed a mediation completion date (to which there was no objection) of September 30, 2023.  Although no one objected to that date, no one mediated, either.  Instead, the parties unilaterally ignored the court’s order and plan to mediate in May 2024.  The reason the court does not set mediation completion dates that close to trial is so that there is time to mediate and then go to trial if unsuccessful (and to provide the incentive of avoiding work and expense if successful). 

Further, defendants contend they have had some trouble deposing plaintiffs.  According to the defense, between conflicts with plaintiffs’ counsel and plaintiffs, plaintiffs were simply unavailable between March and some time in May 2024, which is after the discovery cut off.  Plaintiffs allegedly suggested stipulating to move the trial, but they now refuse to do so.

The court has about 1000 cases on its docket.  It does not grant continuances just because the parties have not finished discovery or mediation.  And it will not do so here.  The trial will go forward as scheduled.  The parties are reminded that the court expects full compliance with its FSC order, which will require substantial meet and confer.

Turning, then, to plaintiffs’ deposition.  Plaintiffs simply cannot take themselves out of circulation for three months or so.  They will be deposed.  Plaintiffs will submit to the defense, no later than 5:00 Thursday, two dates between Monday April 15 and Friday April 26 that they or counsel are unavailable.  Defendants may pick any other business days during that period and that will be the deposition dates—defendants may designate which plaintiff will be deposed on which date.  Defendants will make their designation no later than 3:00 on Friday, April 5, 2024.  Once started, the depositions will go day to day until complete, weekends, holidays, and blackout dates excepted.  The depositions will be in person.  There has been no showing for cause why plaintiffs cannot sit for deposition in person.  If the case is important enough to bring, it is important enough for them each to take a day, and for counsel to take a day, to sit for the deposition, and if they need to travel, then so be it.

The court recognizes that people are busy.  But litigation does not come last on the priority list.

This order was written without the benefit of an opposition.  It might be that the facts as defendants recited them are wrong or that there is good cause for plaintiffs’ desire for remote depositions—presumably the same cause that the court assumes will require them to be absent during the trial.  So before this tentative becomes an order, the court will hear from the defense.  The other option, of course, is to hold to all deadlines but prohibit plaintiffs from testifying at trial.