The Anschutz Corporation v. Merryll Lynch & Co., Inc. et al

Filing 428

ORDER RE EMERGENCY MOTION 427 (Illston, Susan) (Filed on 6/5/2012)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 THE ANSCHUTZ CORPORATION, No. C 09-03780 SI 7 Plaintiff, ORDER RE EMERGENCY MOTION 8 9 United States District Court For the Northern District of California 10 11 12 v. MERRILL LYNCH & CO., et al., Defendants. / Currently before the Court is plaintiff’s request to file an Emergency Motion to Preclude 13 Improper Deposition Defense. Docket No. 427. Plaintiff’s request is GRANTED and plaintiff may file 14 its motion, attaching excerpts from the deposition, as soon as practicable. Defendant shall file a 15 response to that motion within twenty-four hours after plaintiff’s motion is filed. 16 With respect to the request to file under seal, plaintiff shall follow this Court’s procedures for 17 filing under seal (see Standing Order, ¶ 3; Local Rule 79-5 and General Order 62), which require the 18 Court to review the materials requested to be sealed, and issue an appropriate order, after those materials 19 are first lodged with the Court. 20 Finally, the Court cautions both parties that it will take any improper interference with the taking 21 of depositions – as well as unfounded allegations of interference – very seriously. Any improper 22 conduct can result in sanctions and reopening of depositions. Counsel shall limit their objections to 23 issues of privilege and shall refrain from coaching witnesses. Counsel for all parties should strive to 24 maintain civility at all times. 25 IT IS SO ORDERED. 26 Dated: June 5, 2012 27 28 SUSAN ILLSTON United States District Judge

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