Mazzaferro v. Stanaland et al
Filing
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Order by Magistrate Judge Donna M. Ryu denying 90 Joint discovery letter and 92 Motion for Protective Order.(dmrlc2, COURT STAFF) (Filed on 4/23/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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RONALD MAZZAFERRO,
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Plaintiff(s),
v.
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MANSUETTO LENCI,
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No. C-11-04097-SI (DMR)
ORDER RE JOINT DISCOVERY
LETTER DATED MARCH 15, 2013
[DOCKET NO. 90] AND PLAINTIFF’S
TENTATIVE MOTION FOR
PROTECTIVE ORDER [DOCKET NO.
92]
Defendant(s).
___________________________________/
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Before the court is the Joint Discovery Letter dated March 15, 2013 (“Letter”) [Docket No.
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90] filed by Plaintiff Ronald Mazzaferro (“Plaintiff”) and Defendant Mansuetto Lenci
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(“Defendant”). Also before the court is Plaintiff’s Tentative Motion for Protective Order
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(“Tentative Motion”) [Docket No. 92]. For the reasons stated below, both motions are DENIED.
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The Letter describes two discovery disputes. The first dispute regards a subpoena served by
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Plaintiff upon Edith Mazzaferri, who is not a party to this case. Letter at 3 (referencing Docket No.
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83 at 5-6 and Docket No. 74 at 3, Ex. A). Plaintiff asserts that Ms. Mazzaferri’s responses are
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inadequate. This issue was not properly raised before the court because Defendant is not the subject
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of the subpoena. Plaintiff is directed to meet and confer with Ms. Mazzaferri (or her counsel, if she
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is represented) regarding the adequacy of her responses to the subpoena. If Plaintiff and Ms.
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Mazzaferri or her counsel are unable to reach an agreement, Plaintiff must follow the court’s
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Standing Order regarding judicial intervention on discovery issues.
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The second dispute in the Letter regards accounting documents related to the Mazzaferro
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Trust. Letter at 3 (referencing Docket No. 83 at 6-7). This issue is not ripe for this court’s
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intervention because Plaintiff has not served discovery requests in this case on any party or third
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party seeking those documents.
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In the Tentative Motion, Plaintiff argues that the deposition notice that Defendant served
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upon him on March 15, 2013 is defective because it provides inadequate notice in advance of the
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deposition. The Federal Rules require that “reasonable written notice” be given to a party in
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advance of a deposition by oral questions. Fed. R. Civ. P. 30(b)(1). During the discovery hearing
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on October 25, 2012, Defendant stated that he had noticed Plaintiff’s deposition four times. [Docket
No. 68 at 9.] Also during the discovery hearing, the parties agreed that Plaintiff would be deposed
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For the Northern District of California
United States District Court
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on December 14, 2012. Therefore, Plaintiff had adequate notice of his deposition and the deposition
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notice served by Defendant was proper.
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Following a discussion at the motion hearing on April 23, 2013 regarding Plaintiff’s
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assertions of Fifth Amendment privilege during the March 28, 2013 deposition, Plaintiff agreed to
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have his deposition retaken by Defendant. Plaintiff also agreed to pay Defendant’s reasonable travel
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expenses to the site of the deposition (the parties anticipate that the deposition will convene in Santa
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Rosa), and the cost of the deposition. The parties shall promptly meet and confer regarding the date
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for the deposition.
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IT IS SO ORDERED.
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Dated: April 23, 2013
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DONNA M. RYU
United States Magistrate Judge
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