IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 25, 2012
JERALD CLINTON EAGLESMITH, ET AL., PLAINTIFFS,
JEFF RAY, ET AL., DEFENDANTS.
On April 19, 2012, the court held a hearing on plaintiffs' motion to compel. Peter Haberfeld appeared for plaintiffs. Brian Duus appeared for defendants. Upon review of the joint discovery statement, discussion with counsel and good cause appearing therefor, THE COURT FINDS AS FOLLOWS:
Plaintiffs seek leave to exceed the presumptive limits of Fed. R.
Civ. P. 30(a)(2) to conduct six additional depositions.*fn1
Rule 30(a)(2) provides that, when a party seeks leave to take
more than ten depositions, the court must grant leave to the extent
consistent with Rule 26(b)(2). A party seeking leave of court must
make a "particularized showing" why the discovery is necessary. C & C Jewelry Mfg., Inc. v. West, 2011 WL
767839, * 1 (N.D. Cal. 2011) (citing Archer Danield Midland Co. v. Aon
Risk Servs., Inc., 187 F.R.D. 578, 586 (D. Minn. 1999)). Under Rule
26(b)(2)(C), a court must limit discovery if it determines (1) the
discovery sought is cumulative or duplicative, or can better be
obtained from some other source;
(2) the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; and (3) the burden or expense of the proposed discovery outweighs its likely benefit. Fed. R. Civ. P. 26(b)(2)(C)(i)-(iii); Lehman Bros. Holdings, Inc. v. CMG Mortg., Inc., 2011 WL 203675, *2 (N.D. Cal. 2011).
Here, the particulars of this case justify exceeding the presumptive limit. The action involves multiple plaintiffs, multiple defendants and multiple unrelated incidents. Plaintiffs have made the particularized showing for leave to exceed the presumptive deposition limits as to three of the six individuals whom they wish to depose. Therefore, this request will be granted in part.
Based on the foregoing, IT IS HEREBY ORDERED that plaintiffs' March 28, 2012 motion for leave of court is partially granted. Plaintiffs are granted leave to depose the following individuals for a maximum of four hours each: Daniele DeBoever, Tom Goss and Brad Baker. Plaintiffs' motion for leave of court is denied as to Marilyn Christiansen, Nathan Bales and Jim Lake.