Opinion
No. Civ. S 04-2690 MCE PAN.
October 17, 2005
MEMORANDUM AND ORDER
Plaintiff Daniel W. Faerfers filed a motion seeking a protective order that he not be required to travel from Germany to the Eastern District of California for his deposition. Plaintiff claimed that requiring him to travel that distance for his deposition would cause him an undue hardship.
On October 7, 2005, this Court issued a protective order in accordance with Federal Rule of Civil Procedure 30(b)(7) mandating that Daniel Faerfers' deposition be taken by telephonic or other electronic means. See Mem. and Order, Oct. 7, 2005.
Caviar Creator filed a motion for reconsideration and the matter was heard at 9:00 a.m. on October 17, 2005. Counsel for plaintiff Daniel Faerfers and defendant Caviar Creator, Inc. and cross-defendant Sinclair Wilson were present for oral argument.
After consideration of the papers filed by the parties in support of and in opposition to the motion as well as oral argument presented at the hearing, the Court does not find that requiring Daniel Faerfers to personally appear at his deposition in the Eastern District of California will cause him an undue hardship.
Defendant's motion for reconsideration is GRANTED. The Court vacates that order issued October 7, 2005 and hereby orders that Daniel Faerfers personally appear for deposition in Sacramento, California on November 7, 2005 at the previously noticed time and location.
IT IS SO ORDERED.