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3w S.A.M. Tout Bois v. Rocklin Forest Products

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 17, 2012

3W S.A.M. TOUT BOIS, PLAINTIFF,
v.
ROCKLIN FOREST PRODUCTS, INC., A CALIFORNIA CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently before the court is defendant's motion to compel Mario Cassin, a Monaco resident and plaintiff's president or chief executive, to appear for a deposition in Sacramento, California, or alternatively, some other city in the United States.*fn1 The court heard this matter on its May 17, 2012 law and motion calendar. Attorney Brian M. Englund appeared on behalf of defendant. Attorney Peter E. Glick appeared on behalf of plaintiff.

The undersigned has fully considered the parties' Joint Statement re Discovery Disagreement and the parties' oral arguments. For the reasons stated on the record at the hearing, IT IS HEREBY ORDERED that:

1. Defendant's motion to compel (Dkt. No. 36) is granted in part.

2. Mario Cassin shall appear and testify at his deposition on a date prior to the June 15, 2012 discovery completion date absent a stipulation of the parties approved by the district judge assigned to this case.*fn2

3. Unless otherwise agreed to by the parties, Mr. Cassin shall appear and provide testimony in Monaco, and the deposition will be taken by telephone or video conference.

4. Unless otherwise agreed to by the parties, plaintiff shall bear the logistical burden of arranging for the presence, in Monaco, of an appropriate deposition officer, licensed court reporter, videographer, and licensed and certified interpreter if necessary. Unless otherwise agreed to by the parties, plaintiff shall also bear the logistical burden of ensuring compliance with applicable rules or laws regarding the taking of depositions abroad, such as the Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters.

5. Notwithstanding the foregoing, the parties are free to agree to legally permissible procedures that facilitate taking the deposition of Mr. Cassin and mitigating costs.

IT IS SO ORDERED.


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