Baker
Hyde & Drath v. Baker
Opinion
Lead Opinion
Scannlain, J.
Opinion by Judge O’SCANNLAIN
We must decide whether the district court properly dismissed a complaint , and imposed sanctions because of repeated failure to attend scheduled depositions.
I
From 1989 until 1992, plaintiffs-appellants Tungsten Contact Manufacturing Company (“Tungsten”), Grover Investments, Ltd. (“Grover”), World Union Corporation, Ltd. (“World Union”), Stonehaven Investments, Ltd. (“Stonehaven”), and GW Development Corporation, Ltd. (“GW”) engaged in litigation with defendants-appellees on claims of fraud and violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-68 , involving several Northern California real estate deals. Grover, World Union, Stonehaven, and GW are Hong Kong corporations. Tungsten is a New Jersey corporation wholly owned by Mr. L.K. K’ung, a resident of New York. Appellants were represented by attorneys from the law firm of Hyde & Drath.
After having stayed discovery, the district court on October 6,1989, ordered the depositions of Grover, World Union, Stonehaven, and GW to proceed. On December 1, 1989, the court ordered the depositions to be completed no later than February 10, 1990. Ap-pellees…