Becker et al v. Wells Fargo Bank, NA, Inc. et al
Filing
178
ORDER signed by Magistrate Judge Kendall J. Newman on 2/18/2014 DENYING AS UNTIMELY the plaintiff's Motion to Compel the defendant to remove redactions from certain produced documents; DENYING AS UNTIMELY the plaintiff's Motion to Compel di scovery related to the identity of the Wells Fargo employee identified by the initials "LVZ"; DENYING AS UNTIMELY AND IMPROPER the plaintiff's Request to Compel the defendant to allow him to inspect ESI and loan files; GRANTING WITHOUT PREJUDICE the defendant's Motion to Quash the plaintiff's deposition subpoenas for Zuniga and Ortega; DENYING WITHOUT PREJUDICE the plaintiff's Request to conduct a deposition of the person identified by the initials "LVZ"; ORDERING the defendant's counsel to sent the plaintiff, by 2/20/2014, a letter including the information listed herein. (Michel, G)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DENNLY R. BECKER, et al.,
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Plaintiffs,
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No. 2:10-cv-2799 TLN KJN PS
v.
ORDER
WELLS FARGO BANK, N.A., INC., et
al.,
Defendants.
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Plaintiff Dennly Becker (“plaintiff”) and defendant Wells Fargo Bank (“defendant”)
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requested an informal discovery teleconference to allow the court to address the following
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matters: (1) defendant’s motion to quash plaintiff’s deposition subpoenas for Sharon Zuniga
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(“Zuniga”) and Joseph Ortega (“Ortega”); (2) plaintiff’s motion to compel discovery related to
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the identity of the Wells Fargo employee identified by the initials “LVZ” and request to take a
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deposition of the individual identified as LVZ; and (3) plaintiff’s motion to compel defendant to
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remove redactions from certain produced documents.1
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(See ECF Nos. 163 at 4 (requiring the parties to request telephonic conferences before
completing any further discovery filings); 164 at 3-4 (same).)
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On February 14, 2014, the undersigned conducted the informal discovery teleconference.2
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Plaintiff appeared telephonically on his own behalf. Attorney David Newman appeared
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telephonically on defendant’s behalf.
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For the reasons discussed on the record during the teleconference, it is HEREBY
ORDERED THAT:
1. Plaintiff’s motion to compel defendant to remove redactions from certain produced
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documents is DENIED as untimely.
2. Plaintiff’s motion to compel discovery related to the identity of the Wells Fargo
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employee identified by the initials “LVZ” is DENIED as untimely.
3. Plaintiff’s request to compel defendant to allow him to inspect ESI and loan files is
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DENIED as both untimely and improperly noticed.
4. Defendant’s motion to quash plaintiff’s deposition subpoenas for Zuniga and Ortega is
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GRANTED without prejudice to a renewed request by plaintiff to take depositions of either or
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both individuals after plaintiff takes the deposition of defendant’s person most knowledgeable
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(“PMK”) on February 21, 2014, provided that plaintiff makes a showing that defendant’s PMK
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was unable to testify as to certain information relevant to plaintiff’s claims and that it will be
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necessary for plaintiff to conduct a deposition of either or both individuals in order to obtain that
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information. This grant of defendant’s motion is also without prejudice to any future requests by
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plaintiff to take depositions of other individuals provided that plaintiff can make the same above
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showing with respect to those individuals.
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5. Plaintiff’s request to conduct a deposition of the person identified by the initials “LVZ”
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is DENIED without prejudice to a renewed request by plaintiff to take that individual’s deposition
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upon a showing that defendant’s PMK was unable to testify as to certain information relevant to
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plaintiff’s claims and that it will be necessary for plaintiff to conduct a deposition of that
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individual in order to obtain that information.
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This action proceeds before this court pursuant to Eastern District of California Local Rule
302(c)(21) and 28 U.S.C. § 636(b)(1).
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6. On or before February 20, 2014, defendant’s counsel shall send to plaintiff a letter
including the following:
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a. A statement by defendant’s counsel articulating his belief that Zuniga lacks
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personal knowledge of the topics plaintiff seeks to address through his deposition
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of her and will be unable to offer plaintiff the information he is seeking.
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b. A statement by defendant’s counsel articulating his belief that defendant’s
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PMK will be able to provide the best and most complete information regarding the
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topics plaintiff seeks to address through his depositions.
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c. The name of the person or persons identified by Wells Fargo as “LVZ”
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throughout the time period relevant to the allegations in plaintiff’s Third Amended
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Complaint.
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d. Information regarding whether a person by the name “Lindsay Vasquez” was
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employed by Wells Fargo during the time period relevant to the allegations in
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plaintiff’s Third Amended Complaint.
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IT IS SO ORDERED.
Dated: February 18, 2014
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