Ottovich et al v. Chase Home Finance, LLC et al

Filing 79

ORDER DENYING DEFENDANTS' REQUEST FOR AN ORDER TO COMPEL PLAINTIFFS' ATTENDANCE AT DEPOSITION. Signed by Judge Alsup on July 5, 2011. (whalc2, COURT STAFF) (Filed on 7/5/2011)

1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT

7
8

FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
United States District Court
For the Northern District of California

10
11
12

HARVEY OTTOVICH, MARK OTTOVICH,
and the HARVEY G. OTTOVICH
REVOCABLE LIVING TRUST,
Plaintiffs,

13
14

No. C 10-02842 WHA

v.

16

CHASE HOME FINANCE, LLC,
WASHINGTON MUTUAL INC., and JP
MORGAN CHASE BANK NA,

17

ORDER DENYING DEFENDANTS’
REQUEST FOR AN ORDER TO
COMPEL PLAINTIFFS’
ATTENDANCE AT DEPOSITION

Defendants.

15

/

18
19

Counsel for defendants Chase Home Finance, LLC, and JP Morgan Chase Bank, NA,

20

have submitted a letter requesting “the Court’s assistance in securing the attendance of

21

Plaintiffs at deposition,” and for “the Court to schedule an appearance and impress upon the

22

Plaintiffs the import of their attendance at their deposition . . . [and] issue an order compelling

23

their attendance.”

24

Defendants’ request is DENIED. Fact discovery has been closed in this matter since

25

April 30. Defendants did not seek relief before discovery closed and they do not even address

26

this problem in their submission. If the parties agreed to stipulate to ignore the Court’s

27
28

1

deadlines, then counsel are stuck relying on their stipulation and will not get an after-the-fact

2

blessing for their plan.

3
IT IS SO ORDERED.
4
5
Dated: July 5, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

6
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