Free Motion to Compel - District Court of California - California

Case 3:O7—cv-03002-IVIIVIC Document 28 Filed O3/O5/2008 Page 1 of 2
1 TYLER M. PAETKAU, Bar No. 146305
MICHAEL G. PEDHIRNEY, Bar No. 233164
2 MOLLY AGARWAL, Bar No. 247545
LITTLER MENDELSON
3 A Professional Corporation
650 California Street
4 20th Floor
San Francisco, CA 94108.2693
5 Telephone: 4l5.433.l940
[email protected], [email protected],
6 [email protected]
7 Attorneys for Defendant
APPLERA CORPORATION
8
9 UNITED STATES DISTRICT COURT
10 NORTHERN DISTRICT OF CALIFORNIA ·
11 SAN FRANCISCO DIVISION
12 MEGAN KELLY, Case No. C-07-3002 MMC
13 Plaintiff NOTICE OF MOTION AND MOTION BY `
DEFENDANT TO COMPEL DEPOSITION
14 v. TESTIMONY OF MAUREEN MCFADDEN
15 APPLERA CORPORATION, Date: April 11, 2008 1
Time: 9:00 a.m.
1 6 Defendant: Courtroom.: 7
1-; Judge: Hon. Maxine Chesney
1 8 .
19 TO PLAINTIFF MEGAN KELLY AND HER ATTORNEY OF RECORD,
20 MAUREEN MCFADDEN;
21 i PLEASE TAKE NOTICE that on April 11, 2008, or as soon thereafter as cotmsel
22 may be heard, in Courtroom 7 of the San Francisco Division of the Northem District, located at 450
_ 23 Golden Gate Avenue, San Francisco, California, Defendant Applera Corporation ("Applera") will,
24 and hereby does, move this Court for an order compelling the deposition testimony of Maureen
25 McFadden in accordance with Rule 30 of the Federal Rules of Civil Procedure.
26 Applera makes and bases this motion on the fact that Ms. McFadden interjected
27 herself between the Company and Plaintiff Megan Kelly during the time period in which Applera
28
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Case No. C-07-3002 MMC

Case 3:O7—cv-03002-IVIIVIC Document 28 Filed O3/O5/2008 Page 2 of 2 _
l allegedly failed to engage in the interactive process to determine whether it could reasonably
2 accommodate Plaintiffs alleged disability and possible return to work. Ms. McFadden had
3 extensive direct communications with Applera regarding Plaintiff even after the Company’s
i 4 Corporate Counsel, Charles J. Heinzer, requested that she "[p]lease direct any further
5 correspondence regarding Ms. Kelly to my attention." (Exhibit 7 to Declaration of Tyler M. Paetkau,
6 filed concurrently.) Ms. McFadden interfered with, obstructed, delayed and impeded the interactive
7 process, and now seeks to prevent Applera from discovering infonnation relevant to her conduct,
8 much of which forms the basis of Plaintiff s claim and Applera’s defenses in this action.
9 Applera bases this motion upon this Notice, its Memorandum of Points and
10 Authorities, the Declaration of Tyler M. Paetkau (filed on March 4, 2008) and the attached Exhibits,
11 the pleadings and papers filed in this action, and on such further evidence and argument as the Court
12 may entertain at the hearing.
13
14 Dated: March 5, 2008 y _
15 »·
16 TYLER M. Pg%%§
MICHAEL G. PED EY
17 ‘ MoLLY AGARWAL
LITTLER MENDELSON
18 A Professional Corporation
Attomeys for Defendant
19 APPLERA CORPORATION
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Case No. C—07-3002 MMC

Case 3:07-cv-03002-MMC

Document 28

Filed 03/05/2008

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Case 3:07-cv-03002-MMC

Document 28

Filed 03/05/2008

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