Rund, Chapter 7 Trustee v. Kirkland, individually

I. Factual and Procedural Background

The Court has found that John C. Kirkland (“John”) and Poshow Ann Kirkland (“Poshow,” and together with John, the “Kirklands”),2 solely in her capacity as Trustee of the Bright Conscience Trust dated September 9, 2009 (the “BC Trust”) can be compelled to testify at trial by means of remote video transmission, from their residence or from another location of their

1 Capitalized terms not defined in this introductory section are defined below. 2 Given names are used to distinguish Poshow from John. No disrespect is intended. own choosing, notwithstanding the fact that the Kirklands would be outside the geographical restrictions of Civil Rule 453 if they were ordered to testify at trial in person.4 Concurrently with the issuance of the order finding that the Kirklands could be compelled to testify at trial by remote video transmission, the Court issued an order setting the trial of the Trustee’s claims against the BC Trust for the week of August 22, 2022.5 On May 3, 2022, the Court declined to certify a direct appeal to the Ninth Circuit of its order finding that the Kirklands could be compelled to testify by remote video transmission.6 The…