In re Interactive Network, Inc.

Good Law
2000 WL 103502·2000 Bankr. LEXIS 408·243 B.R. 766·45 Fed. R. Serv. 3d 1249
United States Bankruptcy Court, Northern District of CaliforniaJanuary 11, 2000Bankruptcy No. 98-34055DMCalifornia832 words

Opinion

Lead Opinion

Montali, J.

*767 Order Denying Motion For Protective Order

On January 7, 2000, this court held a hearing on the motion for protective order filed by Interactive Network, Inc. (“Debt- or”). In this motion, Debtor seeks an order quashing the deposition subpoenas of Marshall L. Small, Esq. (“Small”) and J. Robert Nelson, Esq. (“Nelson”), both of whom are partners at Morrison & Foer-ster, LLP, the law firm serving as Debt- or’s general bankruptcy counsel. David R. Lockton (“Lockton”), whose attorneys issued the subpoenas, filed an opposition to Debtor’s motion for protective order. Pending resolution of other separate issues relating to stock options claimed by Lock-ton, the court is temporarily granting the motion with respect to Small. With respect to Nelson, however, the court will deny the motion for protective order.

Lockton contends that Nelson is a percipient witness on issues relating to Debtor’s objections to his proof of claim. In particular, Lockton wants to depose Nelson regarding (1) Nelson’s knowledge of TCI’s purported intention to retain ownership of Debtor’s patents, an alleged event of default triggering acceleration of amounts due to Lockton; (2) Nelson’s conversations with…

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