Iguacu, Inc. v. Filho

Filing 211

ORDER DENYING 208 , 210 Request for Telephonic Deposition. Signed by Judge Nathanael M. Cousins on 08/28/2012. (nclc2, COURT STAFF) (Filed on 8/28/2012)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8

SAN FRANCISCO DIVISION

9
10

Plaintiff,

11
12
13

Case No. 09-cv-0380 RS (NC)

IGUACU, INC.,

ORDER DENYING REQUEST
FOR TELEPHONIC
DEPOSITION

v.
ANTONIO CABRERA MANO FILHO,

Re: Dkt. Nos. 208, 210

14
15

Defendant.

16
17

On August 27, 2012 plaintiff Iguacu Inc. filed a request for court order to take the

18

telephonic deposition of third-party witness Luiz Lopes on August 29, 2012. Dkt. No.

19

208. The Court held a telephonic hearing on shortened notice on August 28, 2012.

20

Plaintiff Iguacu’s motion to take the telephonic deposition of third-party witness

21

Luiz Lopes on shortened notice is DENIED as plaintiff provided insufficient notice to

22

allow defendant Cabrera to prepare for the deposition. Of particular significance, the

23

proposed deposition involves documents in a foreign language, and complex financial

24

statements that were first provided to the parties just two days before the proposed

25

deposition. In addition, plaintiff has other means of discovery of the desired

26

information, including through letters rogatory, depositions by consent of Lopes, and

27

30(b)(6) deposition.

28
Case No. 09-cv-0380 RS (NC)
ORDER RE REQUEST
FOR DEPOSITION

1
2
3
4

In sum, if Lopes is a critical witness, plaintiff should have provided notice of this
importance long before the discovery cut-off and without need for an emergency motion.
IT IS SO ORDERED.
DATED: August 28, 2012
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 09-cv-0380 RS (NC)
ORDER RE REQUEST
FOR DEPOSITION

2