Kennedy v. Columbus Manufacturing, Inc. et al

Filing 51

ORDER by Judge Edward M. Chen Granting in Part 46 Plaintiff's Amended Motion for Protective Order. (emcsec, COURT STAFF) (Filed on 11/29/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HAKAN KIP KENNEDY, Plaintiff, 8 9 10 11 Case No. 17-cv-03379-EMC ORDER GRANTING IN PART PLAINTIFF’S AMENDED MOTION FOR PROTECTIVE ORDER v. COLUMBUS MANUFACTURING, INC., et al., Docket No. 46 For the Northern District of California United States District Court Defendants. 12 13 On November 26, 2017, Plaintiff Hakan Kip Kennedy filed a motion for protective order, 14 requesting that the Court change the location of Mr. Kennedy’s deposition, which was scheduled 15 for December 28 in San Francisco. See Docket No. 46. Mr. Kennedy argues that due to his spinal 16 injury and limited disability income, it would be expensive and inconvenient for him to travel to 17 San Francisco for the deposition. However, the deposition of a plaintiff presumptively takes place 18 in the forum district. See Fausto v. Credigy Servs. Corp., 251 F.R.D. 427, 429 (N.D. Cal. 2008) 19 (quoting Turner v. Prudential Ins. Co. of Am., 119 F.R.D. 381, 383 (M.D.N.C. 1988)). Thus, Mr. 20 Kennedy shall give the deposition in person in San Francisco. Considering his financial situation, 21 Defendant Columbus Manufacturing, Inc., shall reimburse 75% of Mr. Kennedy’s travel costs up 22 to a maximum contribution of $675 for airplane tickets, $300 for accommodations, and $90 for 23 local transportation. This order disposes of Docket No. 46. 24 25 26 27 28 IT IS SO ORDERED. Dated: November 29, 2017 ______________________________________ EDWARD M. CHEN United States District Judge

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