Zhang

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

JACQUELINE ZHANG, Case No. 17-CV-00007-LHK

Plaintiff,

ORDER SUSTAINING DEFENDANTS’

OBJECTION TO PLAINTIFF’S

v.

DESIGNATIONS OF MARISCAL

DEPOSITION TRANSCRIPT

COUNTY OF MONTEREY, MONTEREY COUNTY RESOURCE MANAGEMENT Re: Dkt. No. 158 AGENCY, and MONTEREY COUNTY

PARKS DEPARTMENT,

17 Defendants.

In Defendants’ Objection to Plaintiff’s designation of deposition transcripts, Defendants 19 contend that Plaintiff cannot introduce deposition transcript testimony for Mark Mariscal 20 (“Mariscal”) because Mariscal is not a party to the litigation, Mariscal was not employed by the 21 County at the time of his deposition, and Mariscal will be available to testify at trial. ECF No. 158 22 at 3. 23 Federal Rule of Civil Procedure 32 provides that a deposition may be used against a party 24 on three conditions: (1) “the party was present or represented at the taking of the deposition or had 25 reasonable notice of it”; (2) “it is used to the extent it would be admissible under the…