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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 THOMAS A. SHIELDS, et al., 7 Plaintiffs, 8 v. 9 FÉDÉRATION INTERNATIONALE DE NATATION, 11 United States District Court Northern District of California 10 Case No. 18-cv-07393-JSC Case No. 18-cv-07394-JSC ORDER RE: THIRD-PARTY SWIMMERS’S DEPOSITIONS Defendant. 12 INTERNATIONAL SWIMMING LEAGUE, LTD, 13 Plaintiff, 14 v. 15 FÉDÉRATION INTERNATIONALE DE NATATION, 16 17 Defendant. 18 Before the Court are the parties’ letter briefs regarding the depositions of third-party 19 20 swimmers Cody Miller and Jacob Pebley. (Dkt. Nos. 152, 157.)1 After careful consideration of 21 the parties’ briefing, the Court concludes that oral argument is unnecessary, see N.D. Cal. Civ. 22 L.R. 7-1(b), and compels the deposition of both third-party swimmers. 23 As the Court noted at the parties’ January 14, 2021 case management conference, a third- 24 party is not protected from a deposition solely because they happen to or could be an absent class 25 member. (Dkt. No. 145 at 7.) In this instance FINA has demonstrated that Mr. Miller and Mr. 26 Pebley are percipient witnesses who have personal knowledge unique from the named Plaintiffs 27 28 1 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. 1 that is relevant to Plaintiffs’ claims and FINA’s defenses. Accordingly, FINA may proceed with 2 the depositions of both Mr. Miller and Mr. Pebley. 3 This Order disposes of Docket Nos. 152, 157, 161, 163. 4 IT IS SO ORDERED. 5 Dated: February 16, 2021 6 7 JACQUELINE SCOTT CORLEY United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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