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Maria A. Garvin, et al v. Linda Tran

December 3, 2010

MARIA A. GARVIN, ET AL., PLAINTIFFS,
v.
LINDA TRAN, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

E-filed December 3, 2010

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NOT FOR CITATION

United States District Court For the Northern District of California

ORDER (1) CONTINUING HEARING ON PLAINTIFFS' MOTION TO 13 COMPEL THE DEPOSITION OF JESUS CHAVEZ AND (2) 14 REQUIRING JESUS CHAVEZ TO SHOW CAUSE WHY HE SHOULD 15 NOT BE SANCTIONED [Re: Docket No. 211] 17 16 18

BACKGROUND

Plaintiffs have been trying to take the deposition of defendant Jesus Chavez ("Chavez") for 19 nearly two years. During that time, Plaintiffs properly noticed his deposition four times; Chavez 20 purportedly was incarcerated for two of depositions (and so they were cancelled), but he simply 21 failed to appear for the other two depositions. (Docket No. 212, ¶¶ 2-4, Exs. A & B; Docket No. 22 207, ¶ 2-6, Ex. A.) 23

Plaintiffs now move the Court for an order compelling Chavez's deposition. (Docket No. 211 ("MTC").) Chavez filed an untimely opposition brief (which more closely resembles an 25 unsworn declaration of his counsel than it does a brief) (Docket No. 213), and oral argument was 26 heard on November 30, 2010. 27 28

DISCUSSION

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Plaintiffs argue that Chavez should be compelled to show up for his deposition or default 3 judgment should be entered against him. (MTC at 6-7.) Pursuant to Rule 30, a party may depose 4 any other party without leave of court. FED. R. CIV. P. 30(a)(1). Chavez is a defendant in this 5 action, so Plaintiffs have the right to depose him. 6

Chavez's failure to attend his properly noticed deposition is indicative of his larger disregard 7 for this action as a whole. At oral argument, his counsel represented that he had not communicated 8 with Chavez for some time and acknowledged that Chavez does not appear to take seriously his 9 obligations in this litigation. It is not surprising, then, that despite being ordered to do so, Chavez 10 also failed to appear at the mandatory settlement conference held on August 4, 2010. (Docket Nos. 11 183 & 202.)

United States ...


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