2014-00157168-CU-MM

Algrie Monique Bridges vs. Akiba E. Green, D.O.

Nature of Proceeding: Motion for Terminating Sanctions (Joinder by Akiba Green, D.O.)

Filed By: Hale, Adam P.

This matter is ruled on as follows.

Although the notice of motion provided notice of the court’s tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018.

This is a medical malpractice action which was commenced in 2014. Trial is currently set to commence on 1/7/2019.

Defendant Sutter Health’s motion for terminating sanctions against plaintiffs in pro per for preventing the depositions of not only two percipient witnesses but also plaintiffs’ experts is UNOPPOSED but is DENIED since defendant has failed to demonstrate that this court has issued any order compelling any of these depositions and that plaintiffs have unreasonably failed to comply with such order.

Defendant Sutter Health’s alternative motion to compel the depositions of the two percipient witnesses as well as plaintiffs’ own experts is UNOPPOSED and GRANTED as to the two percipient witnesses and plaintiffs’ retained experts but DENIED as to the non-retained experts who are beyond plaintiffs’ control and who need to be subpoenaed if their deposition is desired.

Since plaintiffs have to date refused to provide the contact information for the two percipient witnesses and have otherwise indicated these witnesses may only be contacted through plaintiffs or their (former) counsel, plaintiffs shall no later than

12/18/2019 provide to moving defendant the two percipient witnesses’ addresses and telephone numbers or the dates on which they are available for deposition.

Plaintiffs shall also no later than 12/18/2019 provide to moving defendant the dates on which each of their nine retained experts is available for deposition.

To the extent defendant desires to depose any of plaintiffs’ non-retained experts, defendant must subpoena them for deposition.

Defendant Sutter Health’s request for monetary and/or other sanctions against plaintiffs is denied since the present motion is not opposed and since the imposition of sanctions is not warranted under the circumstances.

Defendant Green’s joinder in the present motion is DROPPED as moot since the court previously granted summary judgment in favor of defendant Green.

Moving party to provide notice of this ruling and file proof of service of same no later than 12/18/2018.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)