Federal Deposit Insurance Corporation As Receiver For United Western Bank v. Berling et al

Filing 6

ORDER RE: DEFENDANTS MOTION TO COMPEL. Signed by Magistrate Judge Jacqueline Scott Corley on 6/4/2015. (ahm, COURT STAFF) (Filed on 6/4/2015)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6

7

FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
UNITED WESTERN BANK,
Plaintiff,

8
v.

ORDER RE: DEFENDANTS’ MOTION
TO COMPEL
Re: Dkt. No. 1

9
10

Case No. 15-mc-80150-JSC

CHARLES J. BERLING, et al.,
Defendants.

United States District Court
Northern District of California

11
12

Defendants, Charles J. Berling, et al, have filed a motion to compel compliance with Rule

13

45 deposition subpoenas issued in this District to non-parties Steven J. Harris and Kevin B.

14

Swanson. (Dkt. No. 1.) The underlying civil action, FDIC v. Berling, et al., No. 14-137 CMA-

15

MJW, is pending in the United States District Court for the District of Colorado. As the motion

16

was filed as a fully-noticed motion, it shall proceed on that basis rather than as a joint letter brief

17

as ordinarily required under the Court’s Standing Order. The non-parties’ response to the motion

18

to compel shall be filed by June 19, 2015, and Defendants may file a reply on or before June 26,

19

2015. The matter shall be heard on July 9, 2015 at 9:00 a.m. in Courtroom F, 450 Golden Gate

20

Ave., San Francisco, California.

21

A review of the docket does not reflect service of the motion on the FDIC—the Plaintiff in

22

the underlying action. Accordingly, Defendants shall serve the motion and a copy of this Order on

23

the FDIC, and file proof of service of the same within three days. If the FDIC elects to file a

24

response to the motion to compel, it shall also do so by June 19, 2015.

25
26
27
28

IT IS SO ORDERED.
Dated: June 4, 2015
________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge