Federal Deposit Insurance Corporation As Receiver For United Western Bank v. Berling et al
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
UNITED WESTERN BANK,
ORDER RE: DEFENDANTS’ MOTION
Re: Dkt. No. 1
Case No. 15-mc-80150-JSC
CHARLES J. BERLING, et al.,
United States District Court
Northern District of California
Defendants, Charles J. Berling, et al, have filed a motion to compel compliance with Rule
45 deposition subpoenas issued in this District to non-parties Steven J. Harris and Kevin B.
Swanson. (Dkt. No. 1.) The underlying civil action, FDIC v. Berling, et al., No. 14-137 CMA-
MJW, is pending in the United States District Court for the District of Colorado. As the motion
was filed as a fully-noticed motion, it shall proceed on that basis rather than as a joint letter brief
as ordinarily required under the Court’s Standing Order. The non-parties’ response to the motion
to compel shall be filed by June 19, 2015, and Defendants may file a reply on or before June 26,
2015. The matter shall be heard on July 9, 2015 at 9:00 a.m. in Courtroom F, 450 Golden Gate
Ave., San Francisco, California.
A review of the docket does not reflect service of the motion on the FDIC—the Plaintiff in
the underlying action. Accordingly, Defendants shall serve the motion and a copy of this Order on
the FDIC, and file proof of service of the same within three days. If the FDIC elects to file a
response to the motion to compel, it shall also do so by June 19, 2015.
IT IS SO ORDERED.
Dated: June 4, 2015
JACQUELINE SCOTT CORLEY
United States Magistrate Judge
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