Sarsfield v. County of San Benito et al

Filing 52

ORDER re 42 to Non-Party Brian Conroy to Show Cause Why He Should Not Be Compelled to Appear for Deposition. Signed by Judge Patricia V. Trumbull on 1/5/09. (pvtlc1) (Filed on 1/5/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The holding of this court is limited to the facts and the particular circumstances underlying the present motion. OR D E R, page 1 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JOHN J. SARSFIELD, ) ) Plaintiff, ) ) v. ) ) COUNTY OF SAN BENITO, et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 07-2528 JF (PVT) ORDER TO NON-PARTY BRIAN CONROY TO SHOW CAUSE WHY HE SHOULD NOT BE COMPELLED TO APPEAR FOR DEPOSITION On December 9, 2008, Defendants filed a Motion to Compel Brian Conroy to Appear for Deposition, along with a stipulation and proposed order to shorten time for hearing the motion.1 On December 12, 2008 the court signed off on the stipulation and order to shorten time. It has come to the court's attention that non-party Brian Conroy was not a signatory to that stipulated request, and there is no indication in the record that he was ever served with a copy of it. To date, non-party Brian Conroy has not filed any opposition to the motion. Based on the file herein, IT IS HEREBY ORDERED that the hearing of this motion scheduled for January 6, 2009 is VACATED. IT IS FURTHER ORDERED that, no later than January 20, 2008, non-party Brian Conroy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall serve (by mail) and file with this court a declaration showing cause, if any, why he should not be compelled to appear for deposition. IT IS FURTHER ORDERED that, absent further order of the court, after receipt of non-party Conroy's response to this order, the court will take Defendants' motion under submission without further briefing or oral argument. Dated: 1/5/09 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OR D E R, page 3 /s/ Donna Kirchner CORINNE LEW Courtroom Deputy for copies mailed on 1/5/09 Brian V. Conroy 631 Donald Drive Hollister, CA 95023 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.

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