Dollar Tree Stores, Inc. v. Toyama Partners, LLC et al

Filing 339

ORDER re 324 Letter Brief filed by Dollar Tree Stores, Inc.. Signed by Magistrate Judge Nandor J. Vadas on 10/27/2011. (njvlc2, COURT STAFF) (Filed on 10/27/2011)

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1 2 3 NOT FOR CITATION 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 EUREKA DIVISION 9 United States District Court For the Northern District of California 10 11 12 13 14 No. CV 10-0325 SI (NJV) DOLLAR TREE STORES, INC., ORDER AUTHORIZING ALTERNATE SERVICE AND EXTENDING FACT DISCOVERY SOLELY FOR THE PURPOSE OF DEPOSING THIRD PARTY WITNESS Plaintiff, v. TOYAMA PARTNERS LLC, et al., Defendants. (Doc. No. 324) 15 / 16 17 18 19 The district court has referred the parties’ discovery motions and all future discovery matters to this Court for determination. Doc. Nos. 202, 248. After initially serving third party witness Richard Daniel, the parties have been unable to 20 secure Mr. Daniel’s attendance at his deposition despite numerous attempts to serve him with a new 21 deposition subpoena. Plaintiff accordingly requests the Court to authorize alternate service of a 22 subpoena upon Mr. Daniel, and to extend the fact discovery deadline for the limited purpose of 23 deposing Mr. Daniel. Doc. No. 324. Plaintiff’s request is supported by the declaration of Patrick 24 Abramowich, which attaches two returns of process without service describing the process server’s 25 attempts to serve Mr. Daniel with a subpoena at his business and home addresses. Doc. No. 325, 26 Exhibits 2 & 3. Defendants support Plaintiff’s request. See Doc. No. 326. 27 28 Judge Illston approved the parties’ stipulated request to extended fact discovery as to Mr. Daniel. Doc. No. 337, ¶¶ 7-10. In light of the diligent attempts by Plaintiff to serve Mr. Daniel and 1 for good cause shown, the Court hereby authorizes Plaintiff to use alternate service of a subpoena 2 upon Rich Daniel, and extends the fact discovery deadline until November 21, 2011 for the limited 3 purpose of deposing Mr. Daniel. The parties should make all reasonable efforts to choose a location 4 and a time that is convenient for Mr. Daniel, who is a third party witness in these proceedings. 5 6 Dated: October 27, 2011 7 NANDOR J. VADAS United States Magistrate Judge 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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