Helm et al v. Alderwoods Group, Inc. et al

Filing 212

ORDER DENYING DEFENDANT'S MOTION TO COMPEL DEPOSITION[Docket No. 194] (SI, COURT STAFF) (Filed on 10/28/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 28, 2009 SUSAN ILLSTON United States District Judge IT IS SO ORDERED. v. ALDERWOODS GROUP, INC, Defendant. / WILLIAM HELM, et al., Plaintiffs, No. C 08-01184 SI ORDER DENYING DEFENDANT'S MOTION TO COMPEL DEPOSITION [Docket No. 194] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Defendant has filed a discovery motion seeking to compel the deposition of Heidi Fontaine, who submitted two affidavits in support of plaintiffs' motion for class certification. Ms. Fontaine is not currently a named plaintiff in this matter, and plaintiffs' counsel have stated that they are unable to contact or produce Ms. Fontaine for deposition. Defendant has apparently been unable to contact Ms. Fontaine at her last known address, or to obtain an updated address. In light of the foregoing, the Court hereby STRIKES Ms. Fontaine's affidavits from the record and DENIES defendant's motion to compel deposition of Ms. Fontaine.

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