Rigsby et al v. Intercare Specialty Risk Insurance Services, Inc. , et al.,

Filing 132

ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 10/31/18 DENYING Plaintiffs' 120 motion to compel defendant Phoenix to provide responses to interrogatories without prejudice. Plaintiffs may renew their motion should t hat corporation retain new counsel; and GRANTING IN PART Plaintiffs' 123 motion to extend the deposition time of defendant ISR Holdings, Inc.'s person most knowledgeable. Kevin Hamm is ORDERED to appear for deposition on 11/27/18 and 11/28/18, at Aiken Welch Court Reporters, 2520 Venture Oaks Way, Suite 430, Sacramento, CA. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAREN RIGSBY, Trustee of the MARSH
REVOCABLE TRUST OF 2003, and
DONALD P STEINMEYER, an
individual,

ORDER AFTER HEARING
Plaintiffs,

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v.

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No. 2:17-cv-1347-MCE-EFB

INTERCARE SPECIALTY RISK
INSURANCE SERVICES, INC., a
California Corporation; ISR HOLDINGS,
INC, a California Corporation; KEVIN
HAMM, an individual; and PATRIOT
NATIONAL, INC., a Florida Corporation,

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Defendants.

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This case was before the court on October 24, 2018, for hearing on plaintiffs’ motions to

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(1) compel defendant Phoenix Risk Management, Inc. (“Phoenix”) to provide responses to

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interrogatories (ECF No. 120) and (2) extend length of the deposition of defendant ISR Holdings,

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Inc.’s person most knowledgeable to exceed the seven-hour limit established by Federal Rule of

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Civil Procedure 30(d)(1) (ECF No. 123). Attorney Robert Riggs appeared on behalf of plaintiffs;

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no appearance was made by any of the defendants.

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For the reasons stated on the record, it is hereby ORDERED that:

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1. Plaintiffs’ motion to compel defendant Phoenix to provide responses to interrogatories

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(ECF No. 120) is denied without prejudice. Plaintiffs may renew their motion should that

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corporation retain new counsel.

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2. Plaintiffs’ motion to extend the deposition time of defendant ISR Holdings, Inc.’s

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person most knowledgeable (ECF No. 123) is granted in part. While the corporation cannot

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proceed without counsel, witnesses with relevant information may be deposed--either as

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individually named defendants or as third party witnesses. Here, plaintiffs have identified the

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individually named defendant Kevin Hamm as a person having relevant information whom

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plaintiff wishes to depose. Accordingly, for the reasons stated on the record at the hearing, Kevin

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Hamm is ordered to appear for deposition on November 27 and 28, 2018, at Aiken Welch Court

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Reporters, 2520 Venture Oaks Way, Suite 430, Sacramento, California. Further, as stated on the

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record, the court finds good cause for the deposition to exceed the seven-hour limitation of

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30(d)(1). The deposition shall commence each day at 10:00 a.m. and shall not exceed 12 total

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hours. Mr. Hamm is admonished that absent a showing of extraordinary cause, the court will not

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continue the deposition to a later date.

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DATED: October 31, 2018.

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