Cefalu v. Holder

Filing 48

ORDER RE: DEPOSITION OF WILLIAM MCMAHON re 46 First Discovery Letter Brief (Issue #3, refiled by plaintiff per Dkt. 42). Signed by Judge Jacqueline Scott Corley on November 26, 2012. (wsn, COURT STAFF) (Filed on 11/26/2012)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
10

Northern District of California

United States District Court

11
12
13

VINCENT CEFALU,
Plaintiff,
v.

Case No. 12-0303 TEH (JSC)
ORDER RE: DEPOSITION OF
WILLIAM MCMAHON (DKT. NO. 46)

14
15

ERIC HOLDER,

16

Defendant.

17
18
19
20
21
22

23
24
25
26
27
28

Plaintiff, a former employee of the federal Bureau of Alcohol, Tobacco and Firearms
(“ATF”), makes age and disability discrimination claims, as well as claims alleging
retaliation. Now pending before the Court is Plaintiff’s motion to take the deposition of
William (Bill) McMahon, a senior ATF official. (Dkt. No. 46.) Mr. McMahon, who currently
resides in the Philippines, was purportedly involved in the decision to terminate Plaintiff’s
employment.
Having carefully considered the parties’ written arguments, the Court concludes that
oral argument is not necessary, see L.R. 7-1(b), and GRANTS Plaintiff’s motion to compel.
Defendant offered Mr. McMahon for deposition on three dates in November 2012 on which
Plaintiff’s counsel was unavailable and does not offer any persuasive argument as to why he
should not be required to find a mutually convenient date. Defendant has not moved for a

1

protective order to prevent Mr. McMahon’s deposition and, in any event, has not

2

demonstrated that Mr. McMahon is not a percipient witness to events at issue in this lawsuit.

3

Further, if Defendant’s offer of three dates in November was made in good faith, Defendant

4

must have had the logistics in mind, that is, how Plaintiff could depose Mr. McMahon in the

5

Philippines. Again, Defendant offers no persuasive reason as to why he should not meet and

6

confer with Plaintiff to work out the logistics. Accordingly, Defendant is ordered to cooperate

7

with Plaintiff to find a mutually convenient date for Mr. McMahon’s deposition along with

8

the best available means for taking his deposition.

9
10

Northern District of California

United States District Court

11

This Order disposes of Docket No. 46.
IT IS SO ORDERED.
Dated: November 26, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
28

2