UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
October 4, 2010
SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
VINAYAK S. GOWRISH, DEFENDANT.
The opinion of the court was delivered by: The Honorable Susan Illston United States District Court Judge
[PROPOSED] ORDER COMPELLING SAMEER N. KHOURY TO APPEAR FOR DEPOSITION
WHEREAS, the U.S. Securities & Exchange Commission ("SEC" or "Commission") named Sameer N. Khoury ("Mr. Khoury") as a defendant in this action.
WHEREAS, Mr. Khoury settled with the SEC as reflected in the Consent and Final Judgment as to Mr. Khoury filed on December 16, 2009.
WHEREAS, defendant Vinayak S. Gowrish ("Mr. Gowrish") has engaged in significant efforts to secure Mr. Khoury's attendance at a deposition.
WHEREAS, counsel for Mr. Gowrish made numerous telephone calls to Mr. Khoury to schedule his deposition.
WHEREAS, on July 23, 2010, Mr. Gowrish served a deposition notice on Mr. Khoury via U.S. Mail.
WHEREAS, on August 10, 2010, Mr. Khoury hung up the telephone on Mr. Gowrish's 12 counsel after Mr. Khoury stated that he has no intention of attending a deposition.
WHEREAS, on at least four separate occasions across August and September 2010, process servers engaged by Mr. Gowrish attempted to serve a subpoena for deposition testimony on Mr. Khoury at his most recent address.
WHEREAS, Mr. Gowrish's counsel is informed and has reason to believe that Mr. Khoury was home but did not answer the door when a process server with a deposition subpoena rang the doorbell at Mr. Khoury's most recent address on September 14, 2010.
WHEREAS, Mr. Gowrish has not been able to issue a deposition subpoena to Mr. Khoury.
WHEREAS, at the August 27, 2010, case management conference, the Court recommended that Mr. Gowrish should submit a proposed order for the Court to issue compelling Mr. Khoury's deposition, and the SEC did not oppose such a procedure.
NOW THEREFORE, FOR GOOD CAUSE SHOWN, THIS COURT ORDERS
THAT Sameer N. Khoury must appear for a deposition on October 19, 2010, at 9:30 a.m., at the offices of Morgan, Lewis & Bockius LLP, One Market, Spear Street Tower, San Francisco, CA 94105. In accordance with Rule 30(d)(1) of the Federal Rules of Civil Procedure, counsel is permitted to depose Mr. Khoury for up to seven hours.
IT IS SO ORDERED.
Dated: _______________________, 2010
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