Miller v. Travel Guard Group, Inc.

Background

The plaintiffs asked the court to compel objector Eric Alan Isaacson to appear for an in-person deposition of up to 3.5 hours on March 18, 2025, in La Jolla, California. Isaacson’s counsel told the plaintiffs that the deposition notice was invalid and that Isaacson intended to seek a protective order in the Southern District of California excusing him from attending.

The plaintiffs argued that they needed information about Isaacson’s standing as a settlement class member, the basis for his objections to the settlement, and his relationship with his counsel. They also asserted that Isaacson had raised virtually the same objections to a class settlement involving a competitor of the defendant and that those objections had been rejected. The plaintiffs further pointed to Isaacson’s rejection of their proposed appeal-bond amount as indicating a possible dispute about the appropriate bond.

Court’s Analysis

The court relied on authority recognizing that plaintiffs may seek relevant, necessary, and reasonably narrow information from settlement objectors about their standing, the basis for their objections, and relationships with counsel that may help the court evaluate the nature and merits of an appeal. The court concluded that the plaintiffs had made a sufficient showing to justify a short deposition addressing Isaacson’s relationship with counsel, prior objections, and standing in this case.

The court rejected Isaacson’s argument that the pending appeal to the Ninth Circuit deprived the district court of jurisdiction to compel the deposition. The court explained that a notice of appeal gives the court of appeals jurisdiction over the appeal and removes the district court’s control over the aspects of the case involved in the appeal, but does not eliminate the district court’s jurisdiction over other aspects of the case. The court noted that courts in the district had ruled on discovery disputes after notices of appeal were filed.

Disposition

The court granted the plaintiffs’ request. It ordered Isaacson to appear for an in-person deposition on the record on March 18, 2025, in La Jolla, California. The deposition could last no more than 3.5 hours and was limited to his relationship with counsel, prior objections, and standing in the case.