Case Name: Douglass v. Global Storage Technologies, et al.
Case No.: 2015-1-CV-275780

Defendant CH2M Hill brings a motion for protective order to preclude the noticed deposition of Scott Neelley, Finance Director for Defendant, who verified Defendant’s multiple discovery responses as its “Senior Designated Manager.”

As Defendant has failed to make a sufficient showing of undue oppression, burden, expense and/or intrusiveness which outweighs the likelihood that the information sought will lead to the discovery of admissible evidence, the motion for protective order is DENIED. The moving and reply papers do not meet Defendant’s burden, including the hearsay statement of counsel regarding a conversation with the deponent.

The Court notes further that counsel failed to adequately meet and confer in a reasonable and good faith effort to resolve informally any objections or dispute regarding the noticed deposition. Counsel’s correspondence which purports to initiate this process, followed by the filing of the motion less than 48 hours later on a deadline unilaterally set by counsel – without awaiting a response from Plaintiff’s counsel nor any further efforts to contact counsel – is not a sufficient attempt to meet and confer.

As the Court does not find that the motion was brought with substantial justification, nor that other circumstances would make the imposition of monetary sanctions unjust, monetary sanctions of $1,500, based on Plaintiff’s counsel’s declaration establishing 5 hours of attorney time at $300 per hour, are GRANTED in favor of Plaintiff, and against Defendant CH2M Hill Engineers, Inc. This sanction shall be paid by Defendant to Plaintiff’s counsel within 10 days. (Cal. Code Civ. Proc. § 2025.420(h).)

Defendant’s alternative request for a stay of the deposition, pending the determination of the motion for protective order, is DENIED as moot, with the court’s ruling on the motion for protective order.

Counsel are ordered to meet and confer to confirm the scheduling of this and any other depositions, including their scope, duration, location and any other relevant matters. As there is no pending motion to compel this or any other deposition, the court will not issue any such orders at this time.