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Cuc Dang v. Sutter's Place, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 20, 2013
No. C-10-02181 RMW (N.D. Cal. Mar. 20, 2013)

Opinion

No. C-10-02181 RMW

03-20-2013

CUC DANG, Plaintiff, v. SUTTER'S PLACE, INC. dba BAY 101 or BAY 101 CASINO, UNITE HERE! LOCAL 19, and DOES 1 through 20, inclusive, Defendants.


RULINGS ON PLAINTIFF'S OFFER OF

DEPOSITION AND DISCOVERY

RESPONSES AS EVIDENCE


Re: Dkt. No. 120

The court GRANTS plaintiff's request to offer defendant Bay 101's Responses to Plaintiff's Special Interrogatories Nos. 1-3 as evidence at trial. Defendant Bay 101 does not object to the these proposed discovery responses.

The court DENIES plaintiff's request to offer the excerpts from the deposition transcript of Suping Zeng ("Zeng") at trial. Zeng is not a party to the litigation, so her deposition is not generally admissible under Federal Rule of Civil Procedure ("Rule") 32(a)(3). Zeng's deposition is admissible under Rule 32(a)(4) only if plaintiff (A) is dead, (B) is located more than 100 miles away, (C) is to old or ill to testify or is imprisoned, (D) if Zeng's attendance cannot be procured by subpoena, or (E) if on motion and notice, exceptional circumstances are shown. In this case, Zeng's restaurant is located in San Jose, California, Zeng recently appeared for her deposition, and plaintiff makes no allegation that Zeng is otherwise located more than 100 miles away or unavailable to testify under any other exception in Rule 32(a)(4). Accordingly, the court denies plantiff's request to offer her deposition testimony at trial in leiu of her presence.

______________________

RONALD M. WHYTE

United States District Judge


Summaries of

Cuc Dang v. Sutter's Place, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 20, 2013
No. C-10-02181 RMW (N.D. Cal. Mar. 20, 2013)
Case details for

Cuc Dang v. Sutter's Place, Inc.

Case Details

Full title:CUC DANG, Plaintiff, v. SUTTER'S PLACE, INC. dba BAY 101 or BAY 101…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Mar 20, 2013

Citations

No. C-10-02181 RMW (N.D. Cal. Mar. 20, 2013)