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E. Lynn Schoenmann v. Federal Deposit Insurance Corporation

UNITED STATES DISTRICT COURT Northern District of California


May 2, 2013

E. LYNN SCHOENMANN,
PLAINTIFF,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James United States Magistrate Judge

DISCOVERY ORDER RE: DOCKET NO. 127 6

This is a consolidated action by E. Lynn Schoenmann (the "Trustee"), Chapter 7 Trustee of 11 United Commercial Bank Holdings, Inc. ("UCBH"), to recover from the FDIC roughly $118 million 12 in assets that were allegedly fraudulently transferred to United Commercial Bank ("UCB"). Jt. Ltr. at 13 2, Dkt. 127. Presently before the Court is a joint discovery dispute letter, filed April 29, 2013. Dkt. protective order precluding her, or some other representative, from being deposed. Defendants seek 14 No. 127. The parties' dispute concerns a deposition notice served by Defendants on Plaintiff as 15 Trustee pursuant to Federal Rule of Civil Procedure 30(b)(6). Id., Ex. 1. The Trustee seeks a an order requiring the Trustee or her representative to testify pursuant to the Notice. Upon review of 18 the parties' arguments, the Court finds that Defendants have failed to establish that Plaintiff as 19 Trustee is the proper party to whom a 30(b)(6) notice should be directed. See In re Kevco, Inc., 2003 20 Bankr. LEXIS 519, at *21-25 (finding that a bankruptcy trustee "is two steps removed from the 21 witnesses with personal knowledge of the relevant facts," and is therefore an individual without 22 personal knowledge of any of the facts at issue in the complaint). While Defendants may choose to 23 depose Plaintiff in her individual capacity, any 30(b)(6) notice should be directed to the relevant 24 corporate entities. 25

IT IS SO ORDERED.

20130502

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