Rahman v. Mott's LLP et al

Filing 53

ORDER RE: DISCOVERY LETTER 52 (Illston, Susan) (Filed on 3/31/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. CV 13-3482 SI

MOHAMMED RAHMAN, individually, and on
behalf of other members of the general public
similarly situated,

ORDER RE: DISCOVERY LETTER

Plaintiff,
v.
MOTT’S LLP, a Delaware limited liability
partnership; and DOES 1 through 10, inclusive,

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Defendants.

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/

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Presently before the Court is the parties’ joint discovery letter. Docket No. 52. In the letter,

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defendant moves for an order compelling plaintiff Mohammed Rahman to appear for a deposition on

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April 3 or 4, 2014 or during the week of April 7, 2014. Defendant argues that it properly noticed

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plaintiff’s deposition for April 2, 2014, but plaintiff has objected to that date and has refused to offer

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an alternative deposition date. Defendant explains that it wishes to take plaintiff’s deposition prior to

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the April 18, 2014 deadline for its rebuttal expert reports. In response, plaintiff argues that a deposition

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at this time would be premature in light of defendant’s pending motion to dismiss the second amended

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complaint.

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“[P]re-trial discovery is ordinarily ‘accorded a broad and liberal treatment.’” Shoen v. Shoen,

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5 F.3d 1289, 1292 (9th Cir. 1993). A district court “has wide discretion in controlling discovery” and

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“will not be overturned unless there is a clear abuse of discretion.” Little v. City of Seattle, 863 F.2d

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681, 685 (9th Cir. 1988). Under Federal Rule of Civil Procedure 30(a)(1), “[a] party may, by oral
questions,

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depose any person, including a party, without leave of court except as provided in Rule 30(a)(2).” After

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consideration of the arguments raised in the joint discovery letter, the Court GRANTS defendant’s

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discovery request and ORDERS plaintiff to appear for a deposition at some time between April 7, 2014

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and April 11, 2014.

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IT IS SO ORDERED.

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Dated: March 31, 2014
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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