Zhou et al v. David et al

Filing 88

ORDER by Magistrate Judge Jacqueline Scott Corley denying 86 Motion for Protective Order (ahm, COURT STAFF) (Filed on 4/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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ZHI YANG ZHOU, et al.,
Plaintiffs,

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v.

Case No.: C09-6059 JSC
ORDER DENYING PLAINTIFFS’
SECOND MOTION FOR A
PROTECTIVE ORDER (Dkt. No. 86)

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JIANG DAVID, et al.,
Defendants.

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Now pending before the Court is Plaintiffs’ second motion for a protective order

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directing Defendants to depose Tony Chen telephonically. (Dkt. No. 86.) Tony Chen was

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scheduled for a deposition on February 1, 2012 at 10:30 a.m. This scheduled deposition did

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not take place because Plaintiffs’ counsel “was tied up in an appearance in the Bankruptcy

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Court.” (Dkt. No. 77.) The Court denied Plaintiffs’ previous motion for a protective order and

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directed Tony Chen to appear in person in conjunction with his appearance at the April 5,

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2012 settlement conference before Judge Zimmerman. (Dkt. No. 79.) Plaintiffs now assert

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that Tony Chen is operating a restaurant in Iowa and is unable to travel to California for either

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the deposition or the settlement conference until after April 17, 2012 as he has sole

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responsibility for his restaurant while his business partner travels in China. (Dkt. No. 86.)

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Every plaintiff in this case must be present in person at the settlement conference.

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(Dkt. No. 74.) Tony Chen and all the plaintiffs in this case have had notice of this settlement

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conference and their obligation to attend in person since February 17, 2012. (Dkt. No. 74.)

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Plaintiffs represent that Mr. Chen’s business partner has been in China on vacation since

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approximately March 17, 2012, and he surely had notice of a month-long vacation to another

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country prior to departure. It is untimely and unreasonable for Plaintiffs to advise of a conflict

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with the settlement conference with two days’ notice. Plaintiffs’ motion is therefore

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DENIED. Tony Chen must appear in person for the deposition scheduled on April 4, 2012

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and the settlement conference scheduled on April 5, 2012. All other plaintiffs shall also

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appear in person for this settlement conference.

Northern District of California

United States District Court

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.

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IT IS SO ORDERED.

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Dated: April 4, 2012

_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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