On 27 September 2013, the motion of Glenridge Pharmaceuticals LLC (“Glenridge”) for an order directing a Florida Court to issue a subpoena for personal appearance and production of documents and things to Roger G. Stoll (“Mr. Stoll”) was argued and submitted. Questcor Pharmaceuticals, Inc. (“Questcor”) did not file formal opposition to the motion.
All parties are reminded that all papers must comply with Rule of Court 3.1110(f).
I. Background
With the present motion, Glenridge is seeking an order from this Court directing the Court in Sarasota County, Florida to issue a deposition subpoena for personal appearance and production of documents for Mr. Stoll. It is believed that Mr. Stoll possesses personal information about Questcor’s Board of Directors’ decision to ratify the Royalty Agreement between Glenridge and Questcor. Mr. Stoll was a member of the Board who voted to ratify the agreement. Mr. Stoll is believed to reside at 373 Sugar Mill Drive, Osprey, Florida 34229-9075. Glenridge’s counsel has been informed that in order for the Sarasota County clerk to issue a deposition subpoena for Mr. Stoll, an order from this Court is required directing the Sarasota County clerk to issue the third party subpoena.
On 2 January 2014, Glenridge emailed Questcor to inquire whether Questcor intended to formally oppose the present motion. Questcor responded later in the day that they would not be formally opposing the present motion.
The present motion was filed on 6 January 2014.
II. Discussion
Pursuant to Code of Civil Procedure § 2026.010(f) , on the request of a party, the clerk of the court shall issue a commission authorizing the deposition in another state or place. The commission shall request that process issue in the place where the examination is to be held, requiring attendance and enforcing the obligations of the deponents to produce documents and answer questions. The commission shall be issued by the clerk to any party in any action pending in its venue without a noticed motion or court order. The commission may contain terms that are required by the foreign jurisdiction to initiate the process. If a court order is required by the foreign jurisdiction, an order for a commission may be obtained by ex parte application.
In this case, Glenridge is seeking an order from this Court directing the Court in Sarasota County, Florida to issue a deposition subpoena for personal appearance and production of documents for Mr. Stoll. Under Code of Civil Procedure § 2026.010, California authorizes that a commission to take an out-of-state deposition may be issued by the clerk of the court or, if the foreign jurisdiction requires it, by order of the Court. Because the Circuit Court in and for the Twelfth Judicial Circuit in Sarasota County requires a court order to issue a deposition subpoena to Mr. Stoll, this Court will grant Glenridge’s motion.
As such, Glenridge’s motion is GRANTED.
This Court hereby authorizes the deposition, upon oral examination, of Roger G. Stoll. The deposition is to be taken in Florida.
The deposition will be conducted under the supervision of a person who is authorized to administer oaths by the laws of the United States or those of the place where the examination is to be held, and who is not otherwise disqualified under Code of Civil Procedure §§ 2025.320 and 2025.340(b)–(f).
This Court requests that process issue in Florida where the examination is to be held, requiring the attendance and enforcing the obligations of the deponent to produce documents and answer questions.
III. Conclusion
Glenridge’s motion is GRANTED. This Court hereby authorizes the deposition, upon oral examination, of Roger G. Stoll. The deposition is to be taken in Florida in a code compliant location as determined by the laws of the state of Florida.
The deposition will be conducted under the supervision of a person who is authorized to administer oaths by the laws of the United States or those of the place where the examination is to be held, and who is not otherwise disqualified under Code of Civil Procedure §§ 2025.320 and 2025.340(b)–(f).
This Court requests that process issue in Florida where the examination is to be held, requiring the attendance and enforcing the obligations of the deponent to produce documents and answer questions.