Malikyar v. Sramek et al

Filing 148

FURTHER ORDER RE DEPOSITION OF ALISE MALIKYAR, DENYING MOTION FOR PROTECTIVE ORDER AND VACATING HEARING by Judge William Alsup [denying 146 Motion for Protective Order]. (whasec, COURT STAFF) (Filed on 3/5/2009)

1 2 3 4 5 6 7 8 9 10 ALISE MALIKYAR, Plaintiff, v. JOHN SRAMEK, BERNADETTE SRAMEK, HAROLD M. JAFFE, JOHN S. SRAMEK, JR., and BERNADETTE D. SRAMEK REVOCABLE LIVING TRUST, and DOES 1­100, Defendants. / FURTHER ORDER RE DEPOSITION OF ALISE MALIKYAR No. C 07-03533 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The Court has received a letter from plaintiff Alise Malikyar dated March 4, 2009. This letter states that she desires to have an interpreter at her deposition and proposes that the other side pay for the cost of an interpreter. The Court has also received a motion for protective order from plaintiff Malikyar which also states the same thing. Both motions are DENIED. The Court has read the transcript of Ms. Malikyar's testimony in the bankruptcy court and it is obvious that she is sufficiently fluent in English to be deposed in English. If she truly does not understand a question, then she may so state and the questioner will have to rephrase the question. Of course, if she does so, the questions and answers and her statements about not understanding the question may be read to the jury and the jury will be allowed to consider whether she is simply trying to evade her discovery obligations. If Ms. Malikyar truly wants an interpreter present, she can pay for one and arrange for one herself. Because this will slow

1 2 3 4 5 6 7 8 9 10

down the deposition, the deposition may be taken for eight hours instead of four if an interpreter is used; otherwise it will be four hours. The Court will, however, allow the deposition to go forward at a time more convenient for Ms. Malikyar. Rather than on March 11, the deposition will now go forward on March 10 to suit her at 9:00 a.m. All other objections are OVERRULED and Ms. Malikyar is ORDERED to appear on March 10 at Mr. Wessel's law office and to be deposed. Failure to do so may mean that her case will be dismissed with prejudice.

IT IS SO ORDERED.

United States District Court

11
For the Northern District of California

Dated: March 5, 2009.

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE