Bickoff v. Wells Fargo Bank, N.A. et al
Filing
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ORDER on Ex Parte Application for an Order to Quash the Deposition Subpoenas as to Remy Bickoff and Jaime Steward. Signed by Magistrate Judge William V. Gallo on 4/1/2015.(knb)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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BRUCE F. BICKOFF,
Plaintiff,
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v.
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WELLS FARGO BANK, N.A., et al.,
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Defendants.
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Case No. 3:14-CV-01065-BEN
(WVG)
ORDER ON EX PARTE
APPLICATION FOR AN ORDER
TO QUASH THE DEPOSITION
SUBPOENAS AS TO REMY
BICKOFF AND JAIME
STEWARD
(Doc. No. 27)
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I. BACKGROUND
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On March 18, 2015, Plaintiff filed the Ex Parte Application for an Order to Quash the
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Deposition Subpoenas as to Remy Bickoff and Jaime Steward (“Plaintiff’s Application”).
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(Doc. No. 27.) On March 18, 2015, this Court issued an Order Granting Plaintiff’s Ex Parte
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Application without prejudice to Defendant. (Doc. No. 28.) Due to the urgency of the
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matter, the Court made its decision without hearing from Defendant. (Id. at 4.) On March
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19, 2015, Defendant filed the Opposition to Plaintiff’s Ex Parte Application. (Doc. No. 29.)
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On March 20, 2015, Plaintiff filed the Reply in support of his Ex Parte Application. (Doc.
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Nos. 30–31.) This Court held a hearing on Plaintiff’s Application on March 31, 2015, at
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2:00 p.m. (“Hearing”). At its conclusion, this Court issued an oral ruling whose particulars
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are memorialized in this order.
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II. RULING
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Having reviewed the Parties’ written and oral arguments, this Court DENIES
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Plaintiff’s Application. The Court believes Defendant’s proposed deponents–Mr. Remy
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Bickoff and Ms. Jaime Steward (“Deponents”)–may possess relevant and personal
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knowledge of facts crucial to this litigation. Due to this reasonable possibility, however
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minute it may seem to Plaintiff’s counsel, the Federal Rules of Civil Procedure (“Rule”)
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subject both to examination by means of a variety of discovery tools, including the “most
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potent and searching” one: depositions. Alexander Holtzoff, Instruments of Discovery Under
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Federal Rules of Civil Procedure, 41 MICH. L. REV. 205, 206 (1942); FED. R. CIV. P. 30(a)
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(“A party may, by oral questions, depose any person, including a party, without leave of
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court except as provided in Rule 30(a)(2).” (emphasis added)).1/ Admittedly, these
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depositions were noticed at the eleventh hour. Nonetheless, but for Plaintiff’s Application,
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both depositions would have been (barely) finished prior to the fact discovery deadline of
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March 27, 2015. However, due to this deadline’s expiration, this Court expects the Parties
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to adhere to a strict and tight schedule in the days ahead. Thus, within one week, the Parties
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are to meet and confer regarding the scheduling of these depositions. These two persons’
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depositions must be both conducted and concluded on or before April 7, 2015. In addition,
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this Court reminds Defendant’s counsel that it expects him (and any colleagues and
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successors) to confine his questioning to those few areas of inquiry expressly delimitated
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during the Hearing’s course. Failure by either side or its counsel to adhere precisely to the
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word and spirit of this order may lead to sanctions’ swift imposition. In contrast, if the
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Parties legitimately dispute the applicability of the attorney-client and marital privileges
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during these depositions, Parties’ counsel must jointly and immediately contact this Court.
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Thereafter, if it deems it necessary, this Court may order further briefing on the extent and
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the bearing of the three relevant privileges. Finally, although the fact discovery deadline has
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since passed, in light of both the Parties’ amicable accord and the Defendant’s conceded
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1/
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As the Rules require, these depositions of non-party witnesses were noticed by subpoenas’ use.
See, e.g., FED. R. CIV. P. 30(a); Lefkoe v. Jos. A. Bank Clothiers, Inc., 577 F.3d 240, 246 (5th Cir. 2009).
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blame, this Court will also allow Plaintiff to conduct the depositions of Mr. Gangelhoff and
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Ms. Otten, Defendant’s witnesses, presently scheduled for April 2015 and to which the
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Parties have previously agreed.
III. FURTHER ADMONITION
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Even so, the Court hastens to issue a simple warning. Deadlines expressly established
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by a court order are not to be lightly regarded, subject to modification at parties’ whims.
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Instead, they represent definite signposts that no party, even with the other’s consent and the
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best of intentions, may circumvent without first obtaining judicial permission. Otherwise,
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the purpose that has long animated the Rules–“to secure the just, speedy, and inexpensive
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determination of every action and proceeding,” FED. R. CIV. P. 1–would be endangered,
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predictability critical for orderly adjudication possibly sacrificed, and needless chaos
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potentially engendered. For these reasons, although this Court will permit Plaintiff to carry
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out a final handful of depositions, it does so with the greatest reluctance. But, with this
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warning now expressly promulgated, the Parties are on notice that no similar forbearance
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will again be shown.
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IT IS SO ORDERED.
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DATED: April 1, 2015
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Hon. William V. Gallo
U.S. Magistrate Judge
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