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Dewey & Leboeuf LLP v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


December 10, 2009

DEWEY & LEBOEUF LLP, TOM GONZALES, AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF THOMAS J. GONZALES, II, PLAINTIFF,
v.
UNITED STATES OF AMERICA AND THE DEPARTMENT OF TREASURY, BY ITS AGENCY, THE INTERNAL REVENUE SERVICE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Elizabeth D. Laporte

[PROPOSED] ORDER GRANTING NON-PARTY DEUTSCHE BANK'S MOTION TO QUASH PLAINTIFF'S SUBPOENA FOR A RULE 30(b)(6) DOCUMENT CUSTODIAN DEPOSITION AND DENYING PLAINTIFF'S MOTION TO COMPEL A RULE 30(b)(6) DOCUMENT CUSTODIAN DEPOSITION

WHEREAS Plaintiff and Non-Party Deutsche Bank, by and through their respective counsel, appeared on December 1, 2009, before the Honorable Elizabeth D. Laporte for a hearing on Non-Party Deutsche Bank's Motion to Quash Plaintiff's Subpoena for a Rule 30(b)(6) Document Custodian Deposition and Plaintiff's Motion to Compel a Rule 30(b)(6) Document Custodian Deposition; and

WHEREAS the Court considered the writings and memoranda submitted by Deutsche Bank and Plaintiff and after hearing oral argument by counsel, ORDERED that

(a) Non-Party Deutsche Bank's Motion to Quash Plaintiff's Subpoena for a Rule 30(b)(6) Document Custodian Deposition is GRANTED, provided that Deutsche Bank executes a declaration as described in paragraph (c); BOEUF LLP and One Embarcadero Center, Suite 400 San Francisco, CA 94111

(b) Plaintiff's Motion to Compel a Rule 30(b)(6) Document Custodian Deposition is DENIED; and DEWEY & L

(c) Deutsche Bank is to provide, in the form of a declaration, information concerning documents Bates-stamped TG 01491-TG 01500, TG 01509-TG 01518, TG 01528-TG 01537, TG 01546-TG 01555, and TG 01560-TG 01583, which documents were produced by another party and have not been located by Deutsche Bank, but Deutsche Bank has no reason to believe that such documents are not authentic and appear to be (i) on Deutsche Bank letterhead and (ii) similar in form to other contracts and transaction documentation created and maintained by Deutsche Bank during the course of its regularly conducted business activity.

Additionally, documents TG 01560-TG 01583 appear to be signed by individuals who were employed by Deutsche Bank as of the date of said documents.

Deutsche Bank is to provide the declaration by December 16, 2009.

IT IS SO ORDERED.

Hon. Elizabeth D. Laporte

20091210

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