Embry v. ACER America Corporation

Filing 163

ORDER by Magistrate Judge Howard R. Lloyd denying 156 defendant's Ex Parte Motion for Additional Deposition Time. (hrllc2, COURT STAFF) (Filed on 6/1/2011)

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*E-FILED 06-01-2011*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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KEVIN EMBRY, an individual, on behalf of
himself, the general public and those similarly
situated,

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Plaintiff,

No. C09-01808 JW (HRL)
ORDER DENYING DEFENDANT’S EX
PARTE MOTION FOR ADDITIONAL
DEPOSITION TIME

v.
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ACER AMERICA CORPORATION; and DOES
1 THROUGH 50,

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[Re: Docket No. 156]

Defendant.
/

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Defendant moves, on a purported ex parte basis, for an order allowing four additional

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hours to depose plaintiff’s expert witness Kendyl Roman. Plaintiff opposes the motion.

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Defendant’s motion, which was not properly brought as an ex parte matter under Civil Local

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Rule 7-10, is procedurally improper. Moreover, on the record presented, this court finds no

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good cause for allowing a further deposition of plaintiff’s expert. The motion is denied.
SO ORDERED.

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Dated:

June 1, 2011

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HOWARD R. LLOYD
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UNITED STATES MAGISTRATE JUDGE

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5:09-cv-01808-JW Notice has been electronically mailed to:

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Adam Gutride

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Adam Joseph Bedel

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Jeffery David McFarland

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Seth Adam Safier

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Stan Karas [e-mail], [e-mail],
[e-mail]

[e-mail]
[e-mail]
[e-mail], [e-mail]

[e-mail]

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Todd Michael Kennedy

[e-mail]

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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.

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For the Northern District of California

United States District Court

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