Schoenmann v. Federal Deposit Insurance Corporation

Filing 128

DISCOVERY ORDER by Judge Maria-Elena James re: #127 Discovery Letter Brief (cdnS, COURT STAFF) (Filed on 5/2/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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E. LYNN SCHOENMANN,

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Plaintiff,
v.

No. C 10-3989 CRB (MEJ)
DISCOVERY ORDER RE: DOCKET
NO. 127

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FEDERAL DEPOSIT INSURANCE
CORPORATION, et al.,

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Defendants.
_____________________________________/

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This is a consolidated action by E. Lynn Schoenmann (the “Trustee”), Chapter 7 Trustee of

12 in assets that were allegedly fraudulently transferred to United Commercial Bank (“UCB”). Jt. Ltr. at
For the Northern District of California

UNITED STATES DISTRICT COURT

11 United Commercial Bank Holdings, Inc. (“UCBH”), to recover from the FDIC roughly $118 million

13 2, Dkt. 127. Presently before the Court is a joint discovery dispute letter, filed April 29, 2013. Dkt.
14 No. 127. The parties’ dispute concerns a deposition notice served by Defendants on Plaintiff as
15 Trustee pursuant to Federal Rule of Civil Procedure 30(b)(6). Id., Ex. 1. The Trustee seeks a
16 protective order precluding her, or some other representative, from being deposed. Defendants seek
17 an order requiring the Trustee or her representative to testify pursuant to the Notice. Upon review of
18 the parties’ arguments, the Court finds that Defendants have failed to establish that Plaintiff as
19 Trustee is the proper party to whom a 30(b)(6) notice should be directed. See In re Kevco, Inc., 2003
20 Bankr. LEXIS 519, at *21-25 (finding that a bankruptcy trustee “is two steps removed from the
21 witnesses with personal knowledge of the relevant facts,” and is therefore an individual without
22 personal knowledge of any of the facts at issue in the complaint). While Defendants may choose to
23 depose Plaintiff in her individual capacity, any 30(b)(6) notice should be directed to the relevant
24 corporate entities.
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IT IS SO ORDERED.

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27 Dated: May 2, 2013
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_______________________________
Maria-Elena James
United States Magistrate Judge