Brown v. Freedom West Homes, Inc., 15-cv-04874-EMC. (2018)
Court: District Court, N.D. California
Number: infdco20180628b02
Visitors: 11
Filed: Jun. 27, 2018
Latest Update: Jun. 27, 2018
Summary: ORDER DENYING PLAINTIFFS' REQUEST TO COMPEL THIRD-PARTY DISCOVERY Docket No. 149. EDWARD M. CHEN , District Judge . Plaintiffs contend that third-party Kalco Properties Inc. and two of its employees did not comply with subpoenas to give deposition testimony and produce documents on June 5 and 6, 2018. Plaintiffs' letter omits that the subpoenas were served on June 1, 2018, a Friday. A single full business day before a subpoena compliance date is not "a reasonable time to comply." Fed. R. C
Summary: ORDER DENYING PLAINTIFFS' REQUEST TO COMPEL THIRD-PARTY DISCOVERY Docket No. 149. EDWARD M. CHEN , District Judge . Plaintiffs contend that third-party Kalco Properties Inc. and two of its employees did not comply with subpoenas to give deposition testimony and produce documents on June 5 and 6, 2018. Plaintiffs' letter omits that the subpoenas were served on June 1, 2018, a Friday. A single full business day before a subpoena compliance date is not "a reasonable time to comply." Fed. R. Ci..
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ORDER DENYING PLAINTIFFS' REQUEST TO COMPEL THIRD-PARTY DISCOVERY
Docket No. 149.
EDWARD M. CHEN, District Judge.
Plaintiffs contend that third-party Kalco Properties Inc. and two of its employees did not comply with subpoenas to give deposition testimony and produce documents on June 5 and 6, 2018. Plaintiffs' letter omits that the subpoenas were served on June 1, 2018, a Friday. A single full business day before a subpoena compliance date is not "a reasonable time to comply." Fed. R. Civ. P. 45(d)(3)(A)(i); see also Gordon v. Sonar Capital Mgmt., LLC, Case No. C 15-80080 LB, 2015 WL 1227848, at *1 (N.D. Cal. Mar. 15, 2015) ("[C]ourts generally have found that fewer than ten days is not reasonable."). One business day was not reasonable in light of the need to designate and prepare a Rule 30(b)(6) witness and review requests for 28 categories of documents, let alone search for and produce them.
This order disposes of Docket No. 149.
IT IS SO ORDERED.
Source: Leagle
