Mitchell v. Skyline Homes

Filing 110

ORDER signed by Magistrate Judge Gregory G. Hollows on 06/27/11 ORDERING that the 88 , 89 Motions for Protective Order are DENIED; w/i 15 days, dft shall designate the person or persons who shall be deposed pursuant to the Rule 30(b)(6) deposition s previously noticed for 05/23/11 and 05/24/11. Said depositions shall be completed w/i 45 days and shall take place in the locale of residence of the deponent(s) absent stipulation of the parties. The court will DEFER ruling on plfs' 90 Moti on for Sanctions at this time. Upon completion of the depositions, plfs may file a letter brief, limited to 3 pages, on the sanctions issue; w/i 7 days thereafter, dft may file a reply letter brief, limited to 3 pages. The matter shall thereafter stand SUBMITTED. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTINA MITCHELL, et al.,

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Plaintiffs,

No. CIV S-09-2241 GGH (TEMP)

vs.
SKYLINE HOMES,
Defendant.

ORDER
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Defendant’s motions for protective order regarding Rule 30(b)(6) depositions and

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plaintiffs’ motion for sanctions came on regularly for hearing June 16, 2011. Shana Scarlett

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appeared for plaintiffs and Matthew Kaplan appeared for defendant. Upon review of the

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documents in support and opposition, upon hearing the arguments of counsel, and good cause

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appearing, THE COURT ORDERS AS FOLLOWS:

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1. The motions for protective order (dkt. nos. 88, 89) are denied. Within fifteen

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days, defendant shall designate the person or persons who shall be deposed pursuant to the Rule

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30(b)(6) depositions previously noticed for May 23 and May 24, 2011. Said depositions shall be

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completed within forty-five days and shall take place in the locale of residence of the deponent(s)

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absent stipulation of the parties. The deponent(s) shall be prepared to testify on the areas

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designated. See International Association of Machinists and Aerospace Workers v. Werner1

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Masuda, 390 F.Supp.2d 479, 487 (D. Md. 2005). This order does not preclude making

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objections at the depositions which are properly predicated on privilege. See Fed. R. Civ. P.

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30(c)(2).

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2. The court will defer ruling on plaintiffs’ motion for sanctions (dkt. no. 90) at

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this time. Upon completion of the depositions referenced in paragraph one supra, plaintiffs may

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file a letter brief, limited to three pages, on the sanctions issue;1 within seven days thereafter,

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defendant may file a reply letter brief, limited to three pages. The matter shall thereafter stand

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submitted.

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DATED: June 27, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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mitchell2.ggh.oah

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If at that time, plaintiffs wish to drop the sanctions matter, then the letter brief should so

state.
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