PLT Cesar Ibarra Motion to Compel Deposition (Oral or Written)
Plaintiff Cesar Ibarra (“Plaintiff”) seeks an order compelling defendant TechNet Partners, Inc. (“Defendant”) to produce (1) its designated PMK, Floyd Auten (“Auten”), and (2) Defendant’s witness, Kevin Humphrey (“Humphrey”), for their depositions.
This motion was initially heard on 7/16/2020 at the same time as Defendant’s motion to stay. After denying Defendant’s motion to stay, which appeared to be the sole reason Defendant did not produce Auten for his deposition, the Court ordered the parties to meet and confer and submit a joint statement regarding their positions, including whether Humphrey was a party-affiliated witness, and whether Plaintiff complied with CCP section 2026.010.
The parties submitted a joint statement on 8/3/2020.
Auten’s Deposition The parties agreed to produce Auten for deposition, both as an individual and as the PMK. Joint Statement, 2:5 and 13-16. The parties take issue with the timing of the de