Shields et al v. Federation Internationale De Natation
Filing
164
ORDER RE: THIRD-PARTY SWIMMERS'S DEPOSITIONS. Signed by Magistrate Judge Jacqueline Scott Corley on 2/16/2021. (ahm, COURT STAFF) (Filed on 2/16/2021)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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THOMAS A. SHIELDS, et al.,
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Plaintiffs,
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v.
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FÉDÉRATION INTERNATIONALE DE
NATATION,
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United States District Court
Northern District of California
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Case No. 18-cv-07393-JSC
Case No. 18-cv-07394-JSC
ORDER RE: THIRD-PARTY
SWIMMERS’S DEPOSITIONS
Defendant.
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INTERNATIONAL SWIMMING
LEAGUE, LTD,
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Plaintiff,
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v.
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FÉDÉRATION INTERNATIONALE DE
NATATION,
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Defendant.
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Before the Court are the parties’ letter briefs regarding the depositions of third-party
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swimmers Cody Miller and Jacob Pebley. (Dkt. Nos. 152, 157.)1 After careful consideration of
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the parties’ briefing, the Court concludes that oral argument is unnecessary, see N.D. Cal. Civ.
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L.R. 7-1(b), and compels the deposition of both third-party swimmers.
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As the Court noted at the parties’ January 14, 2021 case management conference, a third-
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party is not protected from a deposition solely because they happen to or could be an absent class
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member. (Dkt. No. 145 at 7.) In this instance FINA has demonstrated that Mr. Miller and Mr.
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Pebley are percipient witnesses who have personal knowledge unique from the named Plaintiffs
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Record citations are to material in the Electronic Case File in Shields, et al. v. Fédération
Internationale de Natation, Case No. 3:18-cv-07393-JSC.
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that is relevant to Plaintiffs’ claims and FINA’s defenses. Accordingly, FINA may proceed with
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the depositions of both Mr. Miller and Mr. Pebley.
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This Order disposes of Docket Nos. 152, 157, 161, 163.
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IT IS SO ORDERED.
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Dated: February 16, 2021
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JACQUELINE SCOTT CORLEY
United States Magistrate Judge
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United States District Court
Northern District of California
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