Buick v. Buick et al

Filing 69

ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/1/2009 ORDERING 61 Motion to Compel is granted; Deponents James and Mary Ann Kniest shall appear for deposition in San Diego no later than 7/9/2009. Deponents and dft Transamerican are cauti oned that failure to appear for deposition may result in the answer of dft Transamerican being stricken and default judgment being entered against dft Transamerican or defendant may be precluded from contesting issues at trial; and Reasonable expenses incurred in connection with this motion are awarded to pltfs against dft Transamerican in the amount of $2,100.00. (Matson, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 vs. WORLD SAVINGS BANK, et al., Defendants. / Plaintiff's motion to compel depositions of defendant's corporate officers came on regularly for hearing on July 1, 2009. Marie Appel appeared for plaintiffs. Brian DeAmicis appeared for defendant Transamerican. No appearance was made for defendant World Savings Bank. Upon review of the documents in support and opposition, upon hearing the arguments of counsel, and good cause appearing therefor, THE COURT FINDS AND ORDERS AS FOLLOWS: 1. The motion to compel is granted. Deponents James and Mary Ann Kniest shall appear for deposition in San Diego no later than July 9, 2009. Deponents and defendant Transamerican are cautioned that failure to appear for deposition may result in the answer of defendant Transamerican being stricken and default judgment being entered against defendant ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ELMER BUICK, et al., Plaintiffs, No. CIV 07-1447 MCE KJM

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Transamerican or defendant may be precluded from contesting issues at trial.1 2. Reasonable expenses incurred in connection with this motion are awarded to plaintiffs against defendant Transamerican in the amount of $2,100.00. DATED: July 1, 2009.

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Because a motion for terminating sanctions or issue preclusion is a dispositive matter, such a motion may be timely brought under the scheduling order no later than November 9, 2009 or may be brought as a motion in limine prior to trial. 2

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