Evans v. AlliedBarton Security Services LLP et al

Filing 70

ORDER COMPELLING PLAINTIFF TO ATTEND DEPOSITION re 69 Letter filed by Chris Loo, Bayer Healthcare. Signed by Judge James Larson on 8/19/09. (jlsec, COURT STAFF) (Filed on 8/19/2009)

Case3:08-cv-04993-MMC Document69-1

Filed08/18/09 Page1 of 2

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LAW OFFICE OF JEROME SCHREIBSTEIN

JEROME SCHREIBSTEIN (SBN: 154051) LAW OFFICE OF JEROME SCHREIBSTEIN Embarcadero Center West 275 Battery Street, Eighteenth Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants BAYER HEALTHCARE LLC and CHRISTOPHER K. LOO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ZATREA EVANS, ) ) Plaint iff, ) ) vs. ) ) ALLIED BARTON SECURITY SERVICES ) LLP, BAYER HEALTHCARE, JOHN FISTER,) KELLY MURCRAY, CHRIS LOO, ) SARGEANT JOHNSON, JASON ) KANEFKSY, MARLON STEVENS, ARCHIE ) BRUMFIELD, HERBERT WILLIAMS, and ) DOES 1-100, ) ) Defendants. ) ) CASE NO. CV 08 4993 MMC JL [PROPOSED] ORDER COMPELLING PLAINTIFF TO ATTEND DEPOSITION AS NOTICED BY BAYER HEALTHCARE LLC AND CHRISTOPHER K. LOO

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ORFENDANTS BAYER PLAINTIFF TO ATTEND DEPOSITION AS NOTICED BY BAYER HEALTHCARE DE DER COMPELLING HEALTHCARE LLC'S AND CHRISTOPHER K. LOO'S OPPOSITION TO MOTION LLC AND CHRISTOPHER K LOO; Case No CV 08 4993 MMC JL

ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 [phone]

ORDER This matter is before this Court on the referral of District Court Judge Maxine M. Chesney (Docket # 68). Defendants Bayer Healthcare LLC (at times, "Bayer") and Christopher K. Loo (collectively, herein, for ease of reference, at times, "Bayer/Loo") previously moved this Court, on two separate occasions (Dockets # 52 and # 55), for an order compelling Plaintiff to attend deposition under their June 9, 2009 Notice of Deposition and Request for Production of Documents at Deposition (the "Deposition Notice").

Case3:08-cv-04993-MMC Document69-1

Filed08/18/09 Page2 of 2

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LAW OFFICE OF JEROME SCHREIBSTEIN

On July 29, 2009, this Court issued a Discovery Order (Docket # 61) adjudicating such disputes. In that Order, among other things, this Court ordered Plaintiff to submit for an additional (up to) 7 hours of deposition inquiry by Bayer and Loo to be completed by August 10, 2009, unless the then current August 10, 2009 percipient discovery cut-off date were extended. This Court also opined that it would support to Judge Chesney an extension of such date. Bayer/Loo then attempted to (a) seek Plaintiff's stipulation to extend the discovery cutoff date and set a mutually convenient time for deposition, or (b) conduct the deposition in conformance with the August 10, 2009 discovery cut-off date. Plaintiff failed to respond to both those requests and thus violated this Court's Discovery Order (Docket # 61). Accordingly, Bayer/Loo filed a Motion to Modify Case Management Dates and for Related Relief before Judge Chesney (Docket # 63) seeking, among other things, to (1) modify the previously set August 10, 2009 percipient discovery cut-off date, and (2) again compel Plaintiff to appear at deposition. On August 13, 2009, Judge Chesney issued an Order (Docket # 68) Granting Requests to Extend Deadlines; Referring to Magistrate Judge Larson Request for Order Compelling Attendance at Deposition; Referring to Magistrate Judge Spero Request to Continue Settlement Conference. Accordingly, this Court hereby ORDERS Plaint iff to appear for up to seven additional hours of deposition by Bayer/Loo to be conducted on September 8, 2009, commencing at 9:30 a.m., at the office of counsel of record for Bayer/Loo. At such deposition, Plaintiff shall additionally co mply with the requests for documents as made by Bayer/Loo in their Deposition Notice. IT IS SO ORDERED. Dated: August 19, 2009 JAMES LARSON UNITED STATES DISTRICT JUDGE

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ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 [phone]

LOJS/1058026/6954358v.1

ORDER COMPELLING PLAINTIFF TO ATTEND DEPOSITION AS NOTICED BY BAYER HEALTHCARE DEFENDANTS BAYER HEALTHCARE LLC'S AND CHRISTOPHER K. LOO'S OPPOSITION TO MOTION 2 LLC AND CHRISTOPHER K. LOO; Case No. CV 08 4993 MMC JL

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