Schrupp v. Wells Fargo Bank, N.A. et al.
Filing
42
ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/18 ORDERING that no later than 2/19/2018, defendant's counsel shall confer with his client, and communicate with Plaintiff, regarding the existence of a written policy or procedure. The F2/12/18 Discovery completion deadline is EXTENDED for the limited purpose of conducting the above-mentioned discovery activities only. All other scheduling deadlines remain unchanged, subject to any modification by the district judge. Plaintiff's ex parte application for a general extension of the discovery completion deadline 39 is DENIED. (Mena-Sanchez, L)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
PAUL SCHRUPP,
12
13
14
No. 2:16-cv-0636-WBS-KJN
Plaintiff,
v.
ORDER
WELLS FARGO BANK, N.A.,
15
16
Defendant.
17
18
On February 12, 2018, the court conducted an informal telephonic discovery conference
19
in this matter. Attorney Eric Mercer appeared on behalf of plaintiff, and attorney Dennis La
20
appeared on behalf of defendant. After considering the parties’ written submissions (ECF Nos.
21
38, 39, 40), and for the reasons discussed with the parties at the conference, IT IS HEREBY
22
ORDERED that:
23
1. No later than February 19, 2018, defendant’s counsel shall confer with his client, and
24
communicate with plaintiff, regarding the existence of a written policy or procedure
25
concerning how loan payments made to a bankruptcy trustee are treated by Wells
26
Fargo. If such a policy or procedure exists, defendant shall promptly produce it to
27
plaintiff, and the parties shall meet and confer regarding whether any supplemental
28
Rule 30(b)(6) testimony with respect to such a policy or procedure is necessary.
1
1
2. Plaintiff’s request for supplemental Rule 30(b)(6) testimony with respect to the LMNT
2
records is denied without prejudice. The parties shall promptly meet and confer
3
regarding (a) the existence of any LMNT documents that have not been produced; (b)
4
the existence of a policy or procedure that explains or clarifies the LMNT documents;
5
and (c) the need for, and propriety of, supplemental Rule 30(b)(6) testimony
6
concerning the LMNT documents, including the extent to which other measures, such
7
as declarations or stipulations, could be employed to avoid additional deposition
8
testimony.
9
10
11
3. Pursuant to plaintiff’s representation at the conference, all other discovery issues
raised in the parties’ joint statement are deemed withdrawn.
4. The February 12, 2018 discovery completion deadline is extended for the limited
12
purpose of conducting the above-mentioned discovery activities only. All other
13
scheduling deadlines remain unchanged, subject to any modification by the district
14
judge.
15
16
17
18
5. Plaintiff’s ex parte application for a general extension of the discovery completion
deadline (ECF No. 39) is DENIED.
IT IS SO ORDERED.
Dated: February 14, 2018
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?