Villeggiante v. Hyundai Merchant Marine Co. Ltd et al

Filing 27

ORDER by Judge Edward M. Chen denying 19 Plaintiff's Motion for Protective Order; and denying 20 Plaintiff's Motion for Sanctions (emclc1, COURT STAFF) (Filed on 9/8/2008)

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1 2 3 4 5 6 7 8 9 10 v. HYUNDAI MERCHANT MARINE CO. LTD., et al., Defendants. ___________________________________/ THOMAS VILLEGGIANTE, Plaintiff, ORDER DENYING PLAINTIFF'S MOTION FOR PROTECTIVE ORDER; AND DENYING PLAINTIFF'S MOTION FOR SANCTIONS (Docket Nos. 19-20) No. C-07-4864 SC (EMC) UNITED STATES DISTRICT COURT 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 Having considered the parties' briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby DENIES Plaintiff's motion for protective order and further DENIES Plaintiff's motion for sanctions. The deposition of Anil Samyal shall proceed, either on September 10 or 11, 2008. Plaintiff conceded that this schedule can be accommodated. Mr. Samyal's availability is limited. His testimony is relevant. The parties have, for some time, anticipated this deposition. Defendants provided the maximum advance notice practicable under the circumstances. The parties shall meet and confer to determine on which exact date the deposition shall take place. The total time for which Mr. Samyal shall be deposed shall be split equally between Plaintiff and Defendants. Plaintiff is entitled to question Mr. Samyal first as Plaintiff was the party to notice Mr. Samyal's deposition first. The parties shall immediately meet and confer regarding the documents that Plaintiff asserts he needs in order to take the deposition of Mr. Samyal -- including the port and company 1 2 3 4 5 6 7 8 9 10 regulations. Plaintiff shall offer to narrow the request; Defendant shall in good faith provide regulation in its possession relevant to the incident in question If the parties cannot resolve the dispute regarding the documents, then they shall fax and e-file a joint letter by 12:00 p.m., September 9, 2008, describing what the remaining dispute is and the parties' respective positions. The letter shall be no longer than two single-spaced pages. IT IS SO ORDERED. Dated: September 8, 2008 _________________________ EDWARD M. CHEN United States Magistrate Judge 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 2

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