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- ilnd;;1:11-cv-07892_de18 RegisterActionDate "2012-06-05" @default.
- ilnd;;1:11-cv-07892_de18 RegisterActionDescriptionText "MINUTE entry before Honorable Edmond E. Chang: Hearing held on Defendant's motion to compel 16 . As explained in discovery correspondence attached to Defendant's motion, Plaintiffs counsel reported that Plaintiff has destroyed all of the diary entries before January 2012. On or before 06/15/12, Plaintiff shall file an under-oath declaration explaining, in detail, Plaintiff's maintenance and destruction of her diary. If the declaration is insufficient to explain the destruction of the 2009 diary entries, then Defendant may renew the motion to compel. Moreover, Defendant is free to make a motion to draw an adverse inference, if Defendant can prove that Plaintiff destroyed the 2009 entries after her deposition (during which defense counsel asked for the diary's production). The January 2012-to-present entries are too far removed in time from the 2009 firing to have sufficient, if any, relevance when balanced against the burden and intrusiveness of production. As discussed in open court, Defendants motion to compel 16 is thus denied without prejudice. The parties also reported on the potential need to take the treating physician's deposition. On or before 06/08/12, the parties must conclude their efforts to arrive at a stipulation to obviate (or at least to narrow) the physician's deposition. If that is unsuccessful, defense counsel must promptly subpoena the physician a deposition; if the physician will not sit for a deposition within 30 days of service of the subpoena, the 06/22/12 fact discovery deadline may be expanded for the sole purpose of taking the deposition. Status hearing of 06/26/12 at 8:30 a.m. remains as scheduled. Mailed notice (slb, ) (Entered: 06/05/2012)" @default.
- ilnd;;1:11-cv-07892_de18 AdministrativeID "18" @default.
- ilnd;;1:11-cv-07892_de18 hasReferenceToOtherEntry ilnd;;1:11-cv-07892_de16 @default.