Mondragon et al v. Fernandez

Filing 48

ORDER DENYING 43 Plaintiffs' Motion for Protective Order and VACATING hearing on 05/25/2010 by Magistrate Judge Howard R. Lloyd (hrllc1, COURT STAFF) (Filed on 5/19/2010)

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1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION ** E-filed May 19, 2010 ** IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MONDRAGON, et al., v. Plaintiffs, No. C08-05722 RMW (HRL) ORDER DENYING PLAINTIFFS' MOTION FOR PROTECTIVE ORDER [Re: Docket No. 43] United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For the Northern District of California JESUS FERNANDEZ, et. al, Defendants. ____________________________________/ On April 16, 2010, plaintiffs filed a one-and-one-half page motion for a protective order, seeking to prevent the noticed depositions of plaintiffs Florencia Aramburo Mondragon and Luis Alberto Zavala Fraga. The basis of the motion was that plaintiffs intended to file a motion to disqualify defendants' counsel, Robert Baker, and that plaintiff Fraga was "out of touch with his counsel." (Mot. 2.) Pursuant to Civil Local Rule 7-1(b), the court finds the matter suitable for determination without oral argument, and the May 25, 2010 hearing is vacated. Plaintiffs' motion lacks sufficient information to support that their counsel engaged in a proper meet-and-confer effort prior to filing the instant motion, as required by this court's Local Rules. See N.D. Cal. Civ. R. 37-1. Moreover, a review of this case's docket shows that plaintiffs have not filed a motion to disqualify defendants' counsel. In sum, plaintiffs' extremely brief motion--notably lacking a supportive declaration--utterly fails to establish good cause for a protective order concerning either plaintiffs' deposition. See Fed. R. Civ. P. 26(c). Accordingly, plaintiffs' motion is DENIED. 1 2 3 4 5 6 7 8 9 10 IT IS SO ORDERED. Dated: May 19, 2010 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For the Northern District of California 2 1 2 3 4 5 6 7 8 9 10 C 08-05722 RMW (HRL) Notice will be electronically mailed to: Adam Wang Adam Lee Pedersen Robert David Baker adamqwang@gmail.com, alpedersen@gmail.com, rosilenda@gmail.com alpedersen@gmail.com attyatlaw@earthlink.net 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For the Northern District of California 3

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