McCurry Studios LLC v. Web2Web Marketing, Inc.

Filing 14

NOTICE RE MARCH 13 HEARING. Signed by Judge Alsup on 3/10/2014. (whalc2, COURT STAFF) (Filed on 3/10/2014).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MCCURRY STUDIOS LLC,

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For the Northern District of California

United States District Court

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Plaintiff,
v.
WEB2WEB MARKETING, INC.,

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/
For the March 13 hearing on plaintiff McCurry Studios LLC’s motion to compel, the
Court requests that both sides be prepared to address the following questions:
1.

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NOTICE RE
MARCH 13 HEARING

Defendant.

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No. MC 13-80246 WHA

Was a copy of plaintiff’s motion to compel served on defendant by means other
than mail to defendant’s address in Walnut Creek?

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Since this action is proceeding on a default judgment, defendant has made no

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appearance either before the Delaware district court or this Court; it therefore

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appears that defendant not been subjected to the personal jurisdiction of this

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Court. As such, to take the deposition of defendant’s president and CEO, Pankaj

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Gupta, it seems that a subpoena under Federal Rule of Civil Procedure 45 — as

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opposed to requests made under Rule 30(b)(6) and 34 — is the proper course

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here, as the latter two rules regulate discovery vis-a-vis parties who have already

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appeared. Perhaps the Court is mistaken about this, but in any event, both sides

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are invited to be prepared to address this issue of personal jurisdiction at our
hearing.

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3.

Moreover, if defendant or Gupta agreed to appear for plaintiff’s depositions (but

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then failed to so appear), would that constitute making an appearance in this

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action such that the Court would have personal jurisdiction to enforce plaintiff’s

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discovery requests?

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Defendant is again reminded that it can only appear before the undersigned judge

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at the March 13 hearing if it retains legal representation through a member of the bar of this

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Court. See Civ. L. R. 3-9. As before, plaintiff’s counsel will serve a copy of this notice on

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defendant, using e-mail or first-class mail.

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Dated: March 10, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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