Viasphere International , Inc v. Vardaryan

Filing 90

ORDER by Magistrate Judge Howard R. Lloyd terminating (55) Vardanyan's Ex Parte Application; granting (57) Vardanyan's Motion for Reconsideration; denying (60) plaintiff's Motion for Sanctions in case 5:12-cv-01536-HRL; denying (27) defendants' Motion for Sanctions in case 5:12-cv-05645-HRL. (hrllc2, COURT STAFF) (Filed on 6/24/2013)

1
*E-FILED: June 24, 2013*

2
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NOT FOR CITATION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

VIASPHERE INTERNATIONAL, INC.,

No. C12-01536 HRL

Plaintiff,

12

[Re: Dkt. Nos. 55, 57, 60]

v.
13
ARAM VARDANYAN,

ORDER GRANTING VARDANYAN’S
MOTION FOR RECONSIDERATION

14
Defendant.
15
16

/
ARAM VARDANYAN,

17

ORDER DENYING MOTION FOR
SANCTIONS FILED BY VIASPHERE,
MOROYAN, AND ALPHA VENTURES

Plaintiff,
v.

No. C12-05645 HRL

18
19

ANTHONY MOROYAN; ALPHA
VENTURES, LLC,

20

[Re: Dkt. No. 27]

Defendants.
/

21
In its order on Discovery Dispute Joint Report (DDJR) #1, the court ruled that

22
23

Vardanyan, who lives in Armenia, must travel to Northern California for his deposition.1

24

Shortly after, Vardanyan moved this court to reconsider its order on account of his poor health,

25

which allegedly made air travel unsafe.2 In support, he submitted two “Health Certificates”

26
Vardanyan is the defendant in Case No. C12-01536 and the plaintiff in laterfiled Case No. C12-05645. Both actions have been consolidated for discovery. For
convenience, Vardanyan may be referred to here as “defendant” and Viasphere as “plaintiff.”
1

27
28

Vardanyan’s “Ex Parte Application for New ‘Order re Amended Discovery
Dispute Joint Report #1,’” filed on February 26, 2013 (Dkt. No. 55) will be terminated as
moot. His later filed motion for leave to seek reconsideration is treated as the operative
2

1

from Armenia’s Center of Preventative Cardiology. Following an Interim Order from the court,

2

he submitted a more detailed third Health Certificate and additional material. The gist of the

3

medical information is that defendant has been continuously treated from September 2011 to the

4

present for chronic heart disease and that long air travel is “prohibited” due to the risk of heart

5

attack or stroke.

6

Plaintiff scoffs at the adequacy of the medical justification for excusing Vardanyan from

7

coming to the United States for deposition and wonders if defendant just does not want to

8

bother. The court itself harbors some doubt about the severity of Vardanyan’s health

9

impairment, but it is not prepared to order him to do something his doctor has forbidden for
medical reasons.

11
For the Northern District of California

United States District Court

10

Accordingly, the court reconsiders its previous order and reverses it. Vardanyan does

12

not have to travel to California for his deposition. Plaintiff has the choice of either (1) taking

13

the deposition face-to-face in Armenia, or (2) taking it long distance by suitable electronic

14

video means (i.e., Skype).

15
16

The related motion for sanctions filed by Viasphere, Moroyan, and Alpha Ventures is
denied.

17
18

SO ORDERED.
Dated: June 24, 2013

19
HOWARD R. LLOYD
20

UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28
motion.
2

1

5:12-cv-01536-HRL Notice has been electronically mailed to:

2

Ara Aroustamian

3

Helene Anastasia Simvoulakis

4

Stephen Donald Pahl

5

Varand Vartanian

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

[e-mail], [e-mail]

[e-mail]

6
7

5:12-cv-05645-HRL Notice has been electronically mailed to:

8

Ara Aroustamian

9

Helene Anastasia Simvoulakis

[e-mail]

Stephen Donald Pahl

11
For the Northern District of California

United States District Court

10

Varand Vartanian

[e-mail], [e-mail]

[e-mail], [e-mail]

[e-mail]

12
13

**The court is providing a copy of this order to the Special Master.**

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3