Kirkpatrick v. Alderwoods Group, Inc. et al

Western District of Texas, txwd-6:2011-cv-00238

ORDER DENYING DEFENDANT'S MOTION TO COMPEL DEPOSITION[Docket No. 194] [Transferred from California Northern on 9/7/2011.]

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 WILLIAM HELM, et al., No. C 08-01184 SI 9 Plaintiffs, ORDER DENYING DEFENDANT'S MOTION TO COMPEL DEPOSITION 10 v. [Docket No. 194] For the Northern District of California 11 ALDERWOODS GROUP, INC, United States District Court 12 Defendant. / 13 14 Defendant has filed a discovery motion seeking to compel the deposition of Heidi Fontaine, who 15 submitted two affidavits in support of plaintiffs' motion for class certification. Ms. Fontaine is not 16 currently a named plaintiff in this matter, and plaintiffs' counsel have stated that they are unable to 17 contact or produce Ms. Fontaine for deposition. Defendant has apparently been unable to contact Ms. 18 Fontaine at her last known address, or to obtain an updated address. 19 In light of the foregoing, the Court hereby STRIKES Ms. Fontaine's affidavits from the record 20 and DENIES defendant's motion to compel deposition of Ms. Fontaine. 21 22 IT IS SO ORDERED. 23 24 Dated: October 28, 2009 SUSAN ILLSTON 25 United States District Judge 26 27 28