Nuvasive, Inc. v. Alphatec Holdings, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NUVASIVE, INC., Case No.: 18-cv-0347-CAB-MDD

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. EX PARTE MOTION FOR

ADDITIONAL DEPOSITION TIME

ALPHATEC HOLDINGS, INC., and

ALPHATEC SPINE, INC.,

[ECF NO. 211] Defendants.

17 Before the Court is Plaintiff’s Motion for additional deposition time, 18 filed ex parte on December 3, 2019. (ECF No. 211). Defendants responded in 19 opposition on December 17, 2019. (ECF No. 237). Discovery is set to close in 20 this case on December 20, 2019. (ECF No. 183).

LEGAL STANDARD

22 Rule 30, Fed. R. Civ. P., provides for a party to obtain up to ten 23 depositions without leave of court. Absent stipulation of the parties, leave of 24 court is required to take more than ten depositions. Under Rule 30(a)(2), the 25 court must grant leave for a party to take a deposition beyond ten “to the 26 extent consistent with Rule 26(b)(1) and (2).” Fed. R. Civ. P. 30(a)(2)(A)(i). The Federal Rules of…