McColm v. Foremost Insurance Company

Filing 187

ORDER RE: MOTION TO DISMISS (SI, COURT STAFF) (Filed on 6/7/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 PATRICIA A. MCCOLM, 9 United States District Court For the Northern District of California 10 11 No. C 09-04132 SI Plaintiff, ORDER RE: MOTION TO DISMISS v. FOREMOST INSURANCE CO, 12 Defendant. / 13 14 15 16 On June 2, 2011, defendant Foremost Insurance Co. filed a motion to dismiss. See Doc. 182. Defendant is hereby ordered to supplement its filing with the following: 17 • a transcript of the entire deposition; 18 • the video of the entire deposition; and 19 • a detailed statement of how defendant’s purported inability to depose plaintiff Patricia 20 McColm has interfered with its ability to defend the case. 21 Defendant’s statement may be in the form of a statement of disputed and undisputed facts, with 22 an explanation of how a completed deposition would or could have resolved certain of the disputed 23 facts. It should state what defenses defendant would have wished to raise for each of plaintiff’s claims, 24 and how it has been prevented from doing so. Defendant shall also explain why defendant chose to 25 terminate the deposition rather than contacting the Court for assistance. 26 Defendant’s supplemental filings are due at 5:00 p.m. on Friday, June 10, 2011. The remainder 27 of the Court’s scheduling order for dispositive motions remains the same. See Doc. 160. Plaintiff must 28 file her opposition by July 1, 2011; defendant’s reply is due July 8, 2011; and the hearing remains 1 scheduled for July 15, 2011. 2 3 IT IS SO ORDERED. 4 5 6 Dated: June 7, 2011 SUSAN ILLSTON United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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