Cobb et al v. Brede et al

Filing 111

ORDER GRANTING REQUEST re 106 Declaration in Support, filed by Ernest Brede. Signed by Judge Maria-Elena James on 10/19/2012. (cdnS, COURT STAFF) (Filed on 10/19/2011) (Additional attachment(s) added on 10/19/2011: # 1 Certificate of Service) (cdnS, COURT STAFF).

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Anthony V. Smith, Esq. (SBN 124840)
LA W OFFICE OF ANTHONY V. SMITH

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Attorney for Defendants ERNEST BREDE, LUIS CONTRERAS,
PAUL KOEHLER, LARRY
ALAN
5 II LA VERDURE, DONALD SHOWERS, AARON LUCAS, STEVE MISTERFELD,

6 II SHUSTER,

and RICHARD

N

ASHE

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IN THE UNITED STATES DISTRICT

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FOR THE NORTHERN

DISTRICT

COURT

OF CALIFORNIA

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11 II JONATHAN D. COBB, SR., and
WALTER ARLEN ST. CLAIR,
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Plaintiffs,

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v.

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16 II ERNEST BREDE, LUIS CONTRERAS,
PAUL KOEHLER, LARRY LAVERDURE,
17 II DONALD SHOWERS, AARON LUCAS,
18 II STEVE MISTERFELD,
and RICHARD ASHE,

ALAN SHUSTER,

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Defendants.

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JUDGE:

Honorable

Maria-Elena

James

DECLARATION OF ANTHONY V.
SMITH RE REQUEST TO EXTEND
DISCOVERY DEADLINE TO
COMPLETE DEPOSITION OF JASON
COBB & TO EXTEND DATE FOR
FILING OF MOTION TO COMPEL
DEPOSITION TESTIMONY AND/OR
FOR SANCTIONS AS AGAINST JASON
COBB

Original Complaint Filed: August 31, 2010
Discovery Cut-Off: October 6,2011
Settlement Conference Date: October 18, 2011

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Case No.: 3:10-CV-03907-MEJ

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I, Anthony
1.

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including

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knowledge

V. Smith, Esq., declare:

I am an attorney licensed to practice before all courts in the State of California

the United States District Court, Northern
of the facts contained

in this declaration

District of California.

I have personal

and could competently

testify to the same if

Declaration of Anthony V. Smith-Request to Extend Discovery Deadline & Discovery Motion Deadline

Page 1

called upon to do so in a court of law. I represent

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plaintiffs

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all currently

named defendants

sued by

in this action.
2.

As the court is aware, last week the court issued an Order Compelling

Cobb to appear for his deposition

Jason

on October 5, 2011, at 9:30 a.m. Mr. Cobb appeared as did

the undersigned.

However,

due to an apparent mix-up with the court reporter agency, no court

reporter appeared

for the deposition.

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Eventually,

the deposition

commenced

on Tuesday,

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October

11, 2011.

For the reasons stated below, the deposition

was not completed.

Pursuant to

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this court's

to up to and including

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order of October

3.

5,2011,

October

defendants

were granted leave to complete

13,2011.

During the course of Jason Cobb's

required the undersigned

the deposition

to following

during the course of a deposition.

Cobb deposition,

Judge James'

several matters arose that

standing order relating to disputes that arise

In fact, as Judge James'

Courtroom

Deputy (Brenda Tolbert)

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and Law Clerk (Chris Nathan) are aware, Jason Cobb and I had two (2) conference

calls with

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the court staff relating to the disputes that arose during the course of the deposition.

Pursuant to

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Judge James'

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respective

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order issued by Judge James on September

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standing order, Mr. Cobb and I agreed to draft ajoint

positions

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relating to, among other things, Mr. Cobb's

letter that states our

refusal to sign the protective

26,2011.

During the course of the deposition,

Mr. Cobb refused to answer a significant

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number of deposition

questions

(most questions

of which Plaintiffs

and George Stock answered

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without objection

during their respective

depositions).

During the course of his refusal to

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answer these questions,

Mr. Cobb would assert objections

and asserted without any genuine or legitimate
5.
Cobb indicated

In the latter part of the afternoon

which I viewed as baseless,

frivolous

legal basis.
(somewhere

around 3:30 p.m. - 4:00 p.m.), Mr.

that he would only provide a specific number of hours for completion

of the

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Declaration of Anthony V. Smith-Request to Extend Discovery Deadline

& Discovery Motion Deadline

Page 2

deposition. Around this same time period, he also claimed that he was not feeling well despite
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the fact that he stated at the beginning of the deposition that he was prepared to go forward. At

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one point he stated that "we're done" or words to that affect.

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I was required to complete his deposition by Thursday, October 13,2011, he said that he was

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Despite the fact that he aware that

not available on any other day this week because he had "other legal matters and deadlines" or

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words to that affect. Therefore, the deposition was ended without being completed or
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arrangements set for the continuation of the deposition. The complete transcript of Mr. Cobb's
deposition will be available in about two (2) weeks.
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Therefore, defendants request that time to complete the deposition of Jason Cobb

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be extended to a date after the settlement conference in this matter which is set for Tuesday,

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October 18, 2011.

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Defendants further request that the date for the filing and the hearing on a

motion to compel further testimony and for sanction as against Jason Cobb be extended to a date

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after the settlement conference. In light of the pending settlement conference, I would suggest
IS

case not settle at that time.
I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct.
Date: ~

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13(CJDI(

Any discovery disputes must be presented in compliance
with the undersigned's discovery standing order.

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TED

GRAN

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na Jame
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Judge M

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LA W0'FFICE OF Esq.
Antl\bny V. Stitltf'f, ANTHONY V. SMITH
Attorney for Defendants ERNEST BREDE, LUIS CONTRERAS
PAUL KOEHLER, LARRY LAVERDURE, DONALD SHOWERS
AARON LUCAS, STEVE MISTERFELD, ALAN SHUSTER,
and RICHARD ASHE

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UNIT
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that the court schedule a telephone/status conference after the settlement conference should the

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Declaration of Anthony V. Smith-Request to Extend Discovery Deadline & Discovery Motion Deadline

OF

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