National Credit Union Administration Board v. RBS Securities, Inc. et al

Filing 648

ORDER denying NCUA's request to cancel the Barclays Rule30(b)(6) deposition scheduled for July 14, 2015. Signed by Magistrate Judge James P. O'Hara on 7/13/2015. (ah)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------- X
NATIONAL CREDIT UNION ADMINISTRATION
:
:
BOARD, etc.,
Plaintiff,
:
:
-v:
:
MORGAN STANLEY & CO., et al.,
:
Defendants. :
:
And other NCUA Actions.
:
--------------------------------------- X
UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
--------------------------------------- X
NATIONAL CREDIT UNION ADMINISTRATION
:
BOARD, etc.,
:
Plaintiff,
:
-v:
:
RBS SECURITIES, INC., f/k/a GREENWICH :
CAPITAL MARKETS, INC., et al.,
:
:
Defendants.
:
:
And other NCUA Actions.
:
--------------------------------------- X

13cv6705
13cv6719
13cv6721
13cv6726
13cv6727
13cv6731
13cv6736

(DLC)
(DLC)
(DLC)
(DLC)
(DLC)
(DLC)
(DLC)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: ______________
7/13/15
/ /

11cv2340
11cv2649
12cv2591
12cv2631
12cv2648
13cv2418

(JWL)
(JWL)
(JWL)
(JWL)
(JWL)
(JWL)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
--------------------------------------- X
NATIONAL CREDIT UNION ADMINISTRATION
:
BOARD, etc.,
:
Plaintiff,
:
-v:
:
RBS SECURITIES, INC., f/k/a GREENWICH :
CAPITAL MARKETS, INC., et al.,
:
:
Defendants. :
:
And other NCUA Actions.
:
--------------------------------------- X

11cv5887 (GW)
11cv6521 (GW)
ORDER

HON. DENISE COTE, HON. JOHN W. LUNGSTRUM, and HON. GEORGE H. WU,
District Judges; and HON. JAMES P. O’HARA, Magistrate Judge:
On July 13, 2015, NCUA applied for an order pursuant to
Fed. R. Civ. P. 26(c)(1)(B) cancelling the Rule 30(b)(6)
deposition that RBS seeks to take on July 14 of a Barclays
witness.

The context for this application is as follows.

Discovery in the three RBS actions in our districts is
scheduled to end Friday, July 17, 2015.

On July 8, nine days

before the discovery cut-off, RBS informed NCUA that it intended
to notice a deposition of Barclays regarding the NCUA Guaranteed
Notes program.

RBS requested that NCUA consent to the

deposition occurring on August 5, in order to accommodate the
schedule of a Barclays witness who will be travelling from July
14 to August 2.

NCUA refused to consent.

On July 9, RBS applied to our Courts to take the Barclays
deposition on August 5, outside the discovery cutoff date.
2

Early on July 11, RBS advised NCUA and our Courts that it was
withdrawing its request to take the deposition in August, and
that RBS and Barclays had agreed on a date for the deposition to
occur before July 17.

Shortly thereafter, RBS served a

deposition notice identifying the date for the deposition as
July 14.

NCUA contends that it cannot reasonably prepare for

the deposition in one business day.

Considering issues of

diligence, reasonable notice, and convenience to a third-party
witness, it is hereby
ORDERED that the NCUA request to cancel the Barclays Rule
30(b)(6) deposition scheduled for July 14 is denied.
Dated: July 13, 2015

__/s/ Denise Cote _______________
United States District Judge

Dated: July 13, 2015

__/s/ George H. Wu________________
United States District Judge

Dated: July 13, 2015

___/s/ John W. Lungstrum__________
United States District Judge

Dated: July 13, 2015

___/s/ James P. O’Hara____________
United States Magistrate Judge

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