Steshenko v. McKay et al

Filing 690

ORDER GRANTING LEAVE TO TAKE DEPOSITION UNDER RULE 30(b)(6). Signed by Judge Richard Seeborg on 5/21/14. (cl, COURT STAFF) (Filed on 5/21/2014)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE NORTHERN DISTRICT OF CALIFORNIA

8

SAN JOSE DIVISION

9

11
For the Northern District of California

United States District Court

10
GREGORY NICHOLAS STESHENKO,
Plaintiff,

12
13

v.

14

ORDER GRANTING LEAVE TO
TAKE DEPOSITION UNDER RULE
30(b)(6)

THOMAS MCKAY, et al.,

15

No. C 09-5543 RS

Defendants.
____________________________________/

16
17

Plaintiff’s request for leave to request to take a deposition of the College under Rule

18

30(b)(6) of the Federal Rules of Civil Procedure is granted. The parties are directed to meet and

19

confer, however, as to appropriate procedures for minimizing the resulting burden to the College.

20

Because the preparation obligations under Rule 30(b)(6) differ from those imposed on other

21

witnesses, and because witnesses not designated to testify under the Rule do not bind the entity,

22

the mere fact that plaintiff will be deposing individuals with knowledge of some or all of the

23

proposed 30(b)(6) topics does not relieve the College of the obligation to provide testimony under

24

the Rule. The parties should discuss, however, designating part or all of the testimony of

25

appropriate percipient witnesses as being provided under the Rule, to avoid duplication and the

26

calling of additional witnesses, if possible. The parties should also attempt to reach stipulations

27

as to the authenticity and characterization of documents as business or public records, to limit or

28

eliminate the need for such testimony.

1

IT IS SO ORDERED.

2
3
4

Dated: 5/21/14
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

5
6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2