City of Sterling Heights General Employees' Retirement System et al v. Prudential Financial Inc. et al

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 12/8/2015 GRANTING, in part, movant's 2 ex parte application to the extent it seeks a stay of Commissioner Jones's 12/15/2015 deposition until the motion to quash is resolved. This court is aware of the 1/29/2016 fact discovery deadline, including depositions, that is pending in the main case. See City of Sterling Heights, 2:12-cv-05275 MCA LDW, ECF No. 328 2 (D.N.J. 8/21/ 2015). (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CITY OF STERLING HEIGHTS
GENERAL EMPLOYEES’
RETIREMENT SYSTEM, Individually
and on Behalf of All Others Similarly
Situated,

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Main Case: 2:12-cv-5275 MCA LDW
(D.N.J.)
ORDER

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No. 2:15-mc-0146 WBS AC

Plaintiffs,
v.
PRUDENTIAL FINANCIAL, INC., et al.,
Defendants.

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The California Department of Insurance and Commissioner David E. Jones (“movants”)

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have filed this Miscellaneous proceeding, seeking to quash a non-party deposition subpoena

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served upon Commissioner Jones, by plaintiffs. The main case under which this proceeding is

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brought is pending in the District of New Jersey: City of Sterling Heights General Employees’

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Retirement System v. Prudential Financial, Inc., 2:12-cv-5275 MCA LDW (D.N.J.). This matter

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was referred to the undersigned by E.D. Cal. R. (“Local Rule”) 302(c)(1).

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In this court’s order of December 4, 2015, plaintiffs were ordered to respond to movants’

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request that the deposition of Commissioner Jones, scheduled for December 15, 2015, be stayed

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pending resolution of the motion to quash the deposition subpoena. See ECF No. 7. Plaintiffs

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have filed their response stating that they have “no opposition” to staying the deposition, except
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that it cannot be stayed past the January 29, 2016 discovery cutoff. ECF No. 8 at 2.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Movants’ ex parte application (ECF No. 2) is GRANTED in part, to the extent it seeks

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a stay of Commissioner Jones’s December 15, 2015 deposition until the motion to quash is

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resolved.

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2. This court is aware of the January 29, 2016 fact discovery deadline, including

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depositions, that is pending in the main case. See City of Sterling Heights, 2:12-cv-05275 MCA

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LDW, ECF No. 328 ¶ 2 (D.N.J. August 21, 2015).

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DATED: December 8, 2015

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