Securities And Exchange Commission v. Schroeder

Filing 178

ORDER re 175 Parties' Request for an Order Shortening Time. Signed by Magistrate Judge Howard R. Lloyd on 9/29/2009. Defendant's motion to compel due by 10/1/2009. Nyberg and SEC responses due by 10/6/2009. Defendant's reply due by 10/8/2009. Unless otherwise ordered, the matter will be deemed submitted on the papers without oral argument. (hrllc2, COURT STAFF) (Filed on 9/29/2009)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SECURITIES AND EXCHANGE COMMISSION, v. Plaintiff, No. C07-03798 JW (HRL) ORDER RE PARTIES' REQUEST FOR AN ORDER SHORTENING TIME [Re: Docket No. 175] / *E-FILED 9/29/2009*

United States District Court

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For the Northern District of California

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KENNETH L. SCHROEDER, Defendant.

Plaintiff Securities Exchange Commission, defendant Kenneth L. Schroeder and nonparty witness Joy Nyberg jointly request an order shortening time for briefing and hearing on Schroeder's anticipated motion to compel Nyberg to appear for two days of deposition. Having considered the request, this court orders as follows: Schroeder's motion to compel shall be filed by October 1, 2009. Nyberg's response (and any response the SEC wishes to file) is due by October 6, 2009. Schroeder's reply shall be filed by October 8, 2009. Upon submission of the briefs, and unless otherwise ordered, this court intends to issue its ruling on the papers without oral argument. Additionally, while the details of the present discovery dispute currently are unknown, this court notes that depositions extending beyond one day (seven hours) is the exception and not the rule. And, the court is skeptical of the need to allot more than seven hours for the deposition of non-party witnesses. Parties seeking to enlarge the presumptive limit, particularly

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when those seven hours have not yet been exhausted, bear a considerable burden in persuading that more time is necessary for a fair examination of the deponent. SO ORDERED. Dated: September 29, 2009 HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

United States District Court

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For the Northern District of California

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5:07-cv-03798-JW Notice has been electronically mailed to: Alice L. Jensen [e-mail], [e-mail] Arlena Victoria Carrozzi [e-mail] David Allen Priebe [e-mail], [e-mail], [e-mail] Elena Ro [e-mail] Elliot Remsen Peters [e-mail], [e-mail], [e-mail] James Elliot Lyons [e-mail], [e-mail], [e-mail], [e-mail] Jeffrey Bruce Coopersmith [e-mail], [e-mail], [e-mail] Jeffrey S. Facter [e-mail], [e-mail] Jonathan B. Gaskin [e-mail], [e-mail] Joni L. Ostler [e-mail], [e-mail] Judith L. Anderson [e-mail], [e-mail], [e-mail] Lanelle Kay Meidan [e-mail] Marc J. Fagel [e-mail] Mark Philip Fickes [e-mail] Matthew Eric Sloan [e-mail], [e-mail], [e-mail], [e-mail] Rebecca Felice Lubens [e-mail], [e-mail], [e-mail] Richard Marmaro [e-mail], [e-mail], [e-mail], [e-mail] Robert James Slaughter [e-mail], [e-mail], [e-mail] Shirli Fabbri Weiss [e-mail] Steven Keeley Taylor [e-mail], [e-mail], [e-mail] Stuart L. Gasner [e-mail], [e-mail], [e-mail], [e-mail] Susan F. LaMarca [e-mail], [e-mail], [e-mail] Thomas R. Green [e-mail], [e-mail] Timothy Alan Miller [e-mail], [e-mail], [e-mail], [e-mail] Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

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For the Northern District of California

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