Federal Deposit Insurance Corporation v. BayOne Real Estate Investment Corporation et al

Filing 66

ORDER ON PARTIES' DISPUTE REGARDING THIRD PARTY DEPOSITION [62, 64] signed by Magistrate Judge Susan van Keulen on 3/17/2017. (svklc1S, COURT STAFF) (Filed on 3/17/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FEDERAL DEPOSIT INSURANCE
CORPORATION,

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Plaintiff,

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United States District Court
Northern District of California

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v.
BAYONE REAL ESTATE INVESTMENT
CORPORATION, et al.,

Case No.15-cv-02248-BLF (SVK)
ORDER ON PARTIES' DISPUTE
REGARDING THIRD PARTY
DEPOSITION
Re: Dkt. Nos. 62, 64

Defendants.

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The parties have submitted separate letter briefs concerning whether Plaintiff may serve a

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deposition subpoena on a third-party deponent, Sarah C. Huang, by certified mail rather than

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personal service. ECF 62, 64. Fact discovery has closed, so Plaintiff also seeks to reopen

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discovery for purposes of taking Ms. Huang’s deposition. Plaintiff’s request to change the fact

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discovery cutoff for purposes of taking Ms. Huang’s deposition is DENIED. To obtain a change

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to the case schedule, Plaintiff must file a stipulation or a motion to change time with the district

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court judge under Civil Local Rule 6-2 or 6-3.
In the event the district court reopens discovery for the purpose of taking Ms. Huang’s

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deposition, this Court GRANTS Plaintiff’s request to serve Ms. Huang by alternative means.

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Plaintiff may serve Ms. Huang with a deposition subpoena via certified mail, with a copy of the

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subpoena served by certified mail on Ms. Huang’s attorney, Kent Tierney. The deposition of Ms.

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Huang must be completed by whatever deadline is set by the district court, and service of the

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subpoena must be completed at least 10 days before the date of the deposition.

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SO ORDERED.
Dated: March 17, 2017

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SUSAN VAN KEULEN
United States Magistrate Judge

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United States District Court
Northern District of California

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