kevin luther sherman, Plaintiff, v. brian alfred entenmann, et al., Defendants.

Case No.: BC614346

Consolidated with: BC618964

Hearing Date: February 21, 2018

[TENTATIVE] order RE:

motion to compel depositoin of karen haid

BACKGROUND

This action arises out of an accident that involved Plaintiff Kevin Luther Sherman (“Sherman”) and a Pacific Harbor Freight Train #20 driven/operated by Defendant Brian Alfred Entenmann. The accident occurred on April 20, 2015 at 5:15 a.m. Sherman alleges at the time of the accident, there were no warning sounds, and no gate or warning light was posted to warn Sherman of an oncoming train.

Sherman moves to compel the deposition of Karen Haid, who is an employee of Defendant Pacific Harbor Line, Inc. (“Pacific Harbor”) and the second conductor at the time of the incident. The motion is not opposed.

LEGAL STANDARD ........