Gold v. Midland Credit Management, Inc. et al

Filing 70

Discovery Order re: 69 Joint Discovery Letter Brief No. 3 filed by Ellen Annete Gold. Signed by Judge Maria-Elena James on 8/11/2014. (cdnS, COURT STAFF) (Filed on 8/11/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELLEN ANNETE GOLD,

Case No. 13-cv-02019-BLF (MEJ)

Plaintiff,
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DISCOVERY ORDER

v.

Re: Dkt. No. 69

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MIDLAND CREDIT MANAGEMENT,
INC., et al.,

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Defendants.
Pending before the Court is the parties’ Joint Discovery Dispute Letter No. 3, filed August

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4, 2014. Dkt. No. 69. In the joint letter, Plaintiff Ellen Gold seeks clarification of the Court’s two

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United States District Court
Northern District of California

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recent Discovery Orders issued on July 9, 2014 (Dkt. Nos. 64 and 65). In accordance with this

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request, the Court clarifies its previous orders as follows.

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Regarding Docket No. 64, MCM shall provide to Plaintiff, no later than fourteen days

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before the Rule 30(b)(6) deposition, responses to Interrogatory Nos. 1 and 2, and Request for

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Production of Documents No. 13. At the same time it serves its responses, MCM shall also

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provide the name, address and job title of the witness(es) MCM intends to produce.

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Regarding Docket No. 65, MCM shall present a knowledgeable witness for deposition in

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San Jose, California. As set forth in its previous Order, MCM breached its duty to make a

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conscientious, good-faith effort to designate a knowledgeable person for its Rule 30(b)(6)

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deposition and to prepare its deponent to fully and unevasively answer questions about the

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designated subject matter. Dkt. No. 65 at 6. When it became apparent that deponent Ross could

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not provide knowledgeable testimony, MCM had a duty to designate an additional knowledgeable

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deponent, which it refused to do. Id. Accordingly, it would be manifestly unfair to reward

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MCM’s bad faith by requiring Plaintiff to travel to San Diego a second time.

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IT IS SO ORDERED.
Dated: August 11, 2014
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MARIA-ELENA JAMES
United States Magistrate Judge