Soladigm, Inc v. Tarng

Filing 134

ORDER by Magistrate Judge Howard R. Lloyd re 106 , 111 , and 126 Parties' Discovery Motions. (hrllc2, COURT STAFF) (Filed on 10/16/2012)

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1 2 *E-FILED: October 16, 2012* 3 4 5 6 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 7 12 13 No. C11-05416 EJD (HRL) SOLADIGM, INC., ORDER RE PARTIES’ DISCOVERY MOTIONS Plaintiff, v. [Re: Dkt. Nos. 106, 111, 126] 14 MIN MING TARNG, 15 Defendant. / 16 17 Pro se defendant Min Ming Tarng has filed a “Motion for Stopping Bad Faith 18 Deposition in Unreasonable Manner to Annoy, Embarrass and Oppress the Defendant.” (Dkt. 19 No. 106). Essentially, Tarng seeks a protective order preventing plaintiff Soladigm, Inc. 20 (Soladigm) from taking his deposition. For its part, Soladigm has filed a motion to compel 21 Tarng to appear for deposition and to produce certain documents. (Dkt. No. 111). Upon 22 consideration of the moving papers, as well as the discussion held at the October 16, 2012 23 hearing, this court rules as follows: 24 1. Soladigm is entitled to depose Tarng, and Tarng shall appear for his deposition 25 on October 25, 2012, 9:30 a.m.. Unless otherwise stipulated or ordered by the court, Tarng’s 26 deposition shall last no more than 7 hours (not including breaks). FED. R. CIV. P. 30(d). The 27 parties advise that they currently are meeting and conferring about having the deposition 28 proceed in San Jose or possibly some other location. Failing agreement, Tarng shall appear for 1 his deposition, as noticed, in San Francisco: Farella Braun + Martel, 235 Montgomery Street, 2 17th Floor. 3 2. Soladigm is entitled to complete copies of all documents Tarng referenced or 4 quoted in his discovery responses. There is no indication that the documents are privileged or 5 otherwise subject to protection from discovery. Tarng shall produce complete copies of all such 6 documents by October 22, 2012. 7 3. The parties are reminded of their obligation to meet-and-confer with one another 8 in good faith about all matters in this litigation generally—and especially before bringing 9 discovery disputes to the court’s attention. Indeed, the court will not entertain any discovery matters, unless the parties have previously conferred for the purpose of attempting to resolve all 11 For the Northern District of California United States District Court 10 disputed issues. See Civ. L.R. 37-1(a); see also this court’s Standing Order re Civil Discovery 12 Disputes, Section 2. 13 4. Any other pending discovery motions, including the one filed by defendant on 14 October 11, 2012 (Dkt. No. 126), will be terminated and the noticed hearings will be vacated. 15 The parties shall instead comply with the undersigned’s Standing Order re Civil Discovery 16 Disputes. 17 18 SO ORDERED. Dated: October 16, 2012 19 HOWARD R. LLOYD 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2 1 5:11-cv-05416-EJD Notice has been electronically mailed to: 2 Christoffer Lee 3 Erik Christopher Olson 4 Jessica Koren Nall jnall@fbm.com, bheuss@fbm.com, calendar@fbm.com 5 Robert John Artuz rartuz@kilpatricktownsend.com, amorjig@kilpatricktownsend.com 6 Roderick Manley Thompson clee@fbm.com eolson@fbm.com, DGracia@fbm.com rthompson@fbm.com, adugan@fbm.com, calendar@fbm.com 7 8 5:11-cv-05416-EJD Notice sent by U.S. Mail to: 9 Min Ming Tarng, Ph.D 1367 Glenmoor Way San Jose, CA 95129 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 3

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