Opinion
No. Civ. S 04-2690 MCE PAN.
October 7, 2005
MEMORANDUM AND ORDER
Plaintiff Daniel W. Faerfers filed a motion on October 5, 2005, seeking a protective order regarding the location of his deposition. Defendant Caviar Creator has noticed the deposition of Daniel Faerfers for October 13, 2005, in Sacramento, California. Plaintiff objects to Defendant's demand that he be deposed in Sacramento, California, as he currently resides in Neuss, Germany. Plaintiff submits that requiring him to travel to Sacramento for the purpose of deposing him would subject him to annoyance, oppression, undue burden and expense based upon time, expense and his current business circumstances.
Federal Rule of Civil Procedure 30(b) (7) provides that the Court may upon motion order that a deposition be taken by telephone or other remote electronic means. For purposes of this rule, a deposition taken by such means is taken in the district and at the place where the deponent is to answer questions. Id. ____ Accordingly, the Court finds that the time and expense Plaintiff will suffer outweighs Defendant's need to have Plaintiff appear personally. Good cause having been shown, the Court orders that Plaintiff's deposition be taken by telephone or other remote electronic means. Plaintiff's motion for a protective order is GRANTED.
Because oral argument will not be of material assistance, the Court orders this matter submitted on the briefs. E.D. Cal. Local Rule 78-230(h).
IT IS SO ORDERED.