Judge: Donald F. Gaffney, Case: "Patel v. Aston Martin Lagonda of North America, Inc.", Date: 2022-12-21 Tentative Ruling

TENTATIVE RULING: 

Motion to Compel Deposition

Plaintiff Akshay Patel moves to compel the deposition of the Person Most Qualified of Defendant Aston Martin Lagonda of North America, Inc. (“AMLNA”) For the following reasons, the motion is DENIED as moot.

On 07/06/2022, Plaintiff served the relevant amended deposition notice, setting the deposition of Defendant’s PMQ for 08/25/2022. (Choi Decl., Ex. 4.) AMLNA served objections to that deposition notice, and Plaintiff initiated the meet and confer process on 08/22/2022. (Choi Decl., ¶¶ 17-18, Exs. 5-6.) Defendant did not respond to the meet and confer letter, and Plaintiff filed the instant motion about three weeks later, on 09/12/2022. (Choi Decl. ¶ 19.)

Thereafter, and while this motion was pending, on 09/23/2022, Plaintiff served a second amended notice of deposition setting the deposition for 10/05/2022. (Douglas Decl. ¶ 4, Ex. E.) The second amended notice of deposition modifies the date of deposition, but also the categories of requested testimony and documents. (Cf. Choi Decl., Ex. 4; Douglas Decl., Ex. E.) Plaintiff’s amending the relevant deposition notice renders this motion moot.

Defendant to give notice.