Schell

Schell v. United States of America

Good Law
United States District Court, Eastern District of CaliforniaDecember 6, 20211:20-cv-01737California1,651 words

Opinion

Trial Court Opinion

I. BACKGROUND

24 Plaintiff’s complaint alleges that while he was a guest at Silver Lake Resort, he fell and 25 broke his neck while trying to traverse a poorly maintained walkway. (ECF No. 3). Defendant 26 denies it could be liable because it claims to lack control over this walkway. 27 On September 22, 2021, the court held an informal telephonic dispute conference, hearing 28 a dispute between Defendant and Plaintiff regarding persons, including Alisa Jones, who could properly be deposed regarding their knowledge of Defendant’s operations. (ECF Nos. 53, 54, 56). After the conference, the Court permitted the parties to file appropriate motions regarding the issues discussed. Thereafter, Defendant filed the instant motion, arguing that Plaintiff was improperly seeking to depose Alisa Jones despite her having no personal knowledge of the incident at issue and despite Plaintiff already having deposed Defendant’s designee, Andrew Jones, under Federal Rule of Civil Procedure 30(b)(6). (ECF No. 60, p. 7). Defendant also argued that Plaintiff was improperly seeking to depose a Rule 30(b)(6) designee of Parker House, an entity affiliated with but…

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