Carroll v. Wells Fargo & Company et al

Filing 213

ORDER by Judge Kandis A. Westmore denying Plaintiffs' 205 4/4/17 Administrative Motion leave to further supplement the record. (kawlc1, COURT STAFF) (Filed on 4/10/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

KELLY CARROLL, ET AL.,
Plaintiffs,

8
v.

9
10

WELLS FARGO & COMPANY, et al.,
Defendants.

United States District Court
Northern District of California

11

Case No. 3:15-cv-02321-EMC (KAW)
ORDER DENYING PLAINTIFFS' 4/4/17
ADMINISTRATIVE MOTION FOR
LEAVE TO FURTHER SUPPLEMENT
THE RECORD
Re: Dkt. No. 205

12
On March 16, 2017, the Court held a hearing on Non-Party Carrie Tolstedt’s motion to

13
14

quash the deposition subpoena. On April 4, 2017, Plaintiffs filed a second administrative motion

15

seeking leave to file supplemental materials in support of their opposition to the motion to quash.

16

(Pls.’ Mot., Dkt. No. 200.) Specifically, Plaintiffs seek leave to submit the deposition transcript of

17

named plaintiff Antonio Ponce in support of their opposition to the motion to quash, because Mr.

18

Ponce testified that, as a service-side employee, he had to work late to meet his sales goals. (Pls.’

19

Mot., Dkt. No. 205 at 1-2.)

20

On April 7, 2017, Non-Party Carrie Tolstedt filed an opposition requesting that the Court

21

deny the administrative motion on the grounds that the deposition testimony was self-serving and

22

that “[t]he introduction of additional evidence regarding that issue, weeks after the Motion to

23

Quash has been fully briefed and argued, is unwarranted and procedurally improper.” (Tolstedt

24

Opp’n, Dkt. No. 209 at 1.) The Court agrees.

25

///

26

///

27

///

28

///

1

The Court will decide the pending motion to quash based on the current briefing and oral

2

argument, and Plaintiffs are asked to refrain from further unnecessary motion practice regarding

3

the pending motion.

4
5

IT IS SO ORDERED.
Dated: April 10, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2