Grace et al v. Alaska Air Group, Inc. et al

Filing 45

ORDER RE DISCOVERY DISPUTE. Signed by Judge Alsup on 11/10/16. (whalc1, COURT STAFF) (Filed on 11/10/2016)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 DANIEL GRACE, et al., 10 Plaintiffs, 11 For the Northern District of California United States District Court 9 12 13 No. C 16-05165 WHA v. ALASKA AIR GROUP, INC., and ALASKA AIRLINES, INC., ORDER RE DISCOVERY DISPUTE Defendants. 14 / 15 Although the undersigned judge does not subscribe to the so-called apex doctrine, at 16 17 least in the form recited in defendant’s discovery letter, the Court is of the view that Mr. Cush 18 should be deposed and that the two non-employee board members should not be deposed absent 19 a very cogent offer of proof by plaintiffs, especially if we are to keep the December 12 trial 20 date. 21 If plaintiffs’ counsel still wishes to justify the deposition subpoenas served, then the 22 Court will schedule a conference to hear argument. Plaintiffs shall please respond by 23 NOVEMBER 14 AT NOON. 24 25 IT IS SO ORDERED. 26 27 28 Dated: November 10, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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