-1- 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

CRIS C. VAUGHAN (SBN 99568) 

VAUGHAN & ASSOCIATES 

3013 Douglas Boulevard, Suite 240 

Roseville, CA 95661 

Telephone: (916) 788-1224 

Facsimile: (916) 788-1159 

Attorney for Plaintiffs 

DANIEL W. FAERFERS and KATJA FAERFERS 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

DANIEL W. FAERFERS and KATJA 

FAERFERS, 

Plaintiffs, 

v. 

CAVIAR CREATOR, INC., a Nevada 

Corporation, individually and as 

successor to CAVIAR CREATOR, INC., 

an Oregon Corporation 

Defendants. 

____________________________________/ 

CAVIAR CREATOR, INC., a Nevada 

Corporation, 

Counterclaimant/ 

Cross-complainant

v. 

DANIEL W. FAERFERS, an individual; 

KATJA E. FAERFERS, an individual; 

SINCLAIR WILSON, an unknown business 

entity; 

Counter-Defendants/Cross-Defendants 

CASE NO. 2:04-CV-2690 MCE-PAN 

APPLICATION TO MODIFY COURT 

ORDER SCHEDULING DEPOSITION 

OF DANIEL FAERFERS 

Case 2:04-cv-02690-TLN-EFB Document 81 Filed 12/06/05 Page 1 of 4
-2- 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

I, Cris, C. Vaughan, declare: 

1. I am an attorney at law duly admitted to practice before this court. 

2. I am the attorney of record for plaintiffs and cross-defendants, Daniel W. 

Faerfers and Katja Faerfers. 

3. On November 4, 2005 this office filed on behalf of Daniel Faerfers, an Ex-Parte 

Application to Modify the Court’s October 18, 2005 Order (Doc. No. 69) scheduling the 

deposition of Daniel Faerfers for November 7, 2005. (Doc. No. 72) This application was 

based upon a Medical Certificate of Illness from a German doctor. 

4. On November 7, 2005 Caviar Creator filed its response to the Daniel Faerfers 

Application. (Doc. No. 74) In this response Caviar Creator requested the deposition of 

Daniel Faerfers to be held on December 7 & 8, 2005. There was no meet and confer 

among counsel before these dates were requested by Caviar Creator. 

5. On November 9, 2005 my office filed a reply to Caviar Creators’ Response to 

the Application of Daniel Faerfers (Doc. No. 75) which included my declaration setting 

forth the trial calendar conflict I had for December 6 & 7, 2005. In the Response of 

Caviar Creator, counsel for Caviar Creator had indicated she was unavailable on 

December 9, 2005. Based upon my trial conflicts on December 6 & 7 and upon 

unavailability of counsel on December 9th, the reply filed by my office requested the 

deposition of Daniel Faerfers be ordered to take place on December 12 & 13, 2005. 

6. Following the filing of the Reply of Daniel Faerfers, all counsel met and 

conferred by telephone on the afternoon of November 9, 2005. 

7. As a result of the meet and confer by all counsel, the parties agreed that 

Daniel Faerfers’ deposition in Sacramento, California, would commence on December 8, 

2005 at 9:30 a.m. The parties further agreed that although every effort would be made 

Case 2:04-cv-02690-TLN-EFB Document 81 Filed 12/06/05 Page 2 of 4
-3- 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

to conclude the deposition at the end of the day of Friday, December 9, 2005, the 

deposition could continue on Saturday, December 10, 2005 until noon, if necessary. 

8. The agreement between the parties was confirmed by letter to the Court 

dated November 9, 2005 from Eileen Diepenbrock, counsel for Caviar Creator. (Doc. No. 

76) 

9. The Court’s Order scheduling the deposition of Daniel Faerfers for December 

7 & 8, 2005 in Sacramento, California, was filed and entered on November 10, 2005. 

(Doc. No. 77) The order is dated November 8, 2005. 

10. In making this application, Daniel Faerfers acknowledges the admonition in 

the Court’s Order with regards to further requests to modify the taking of the 

deposition. Daniel Faerfers submits this application based upon the trial calendar 

conflict of plaintiffs counsel and based upon the agreement of the parties to a revised 

deposition schedule for the Daniel Faerfers deposition. 

11. Plaintiff Daniel Faerfers respectfully requests the Court modify its 

Memorandum and Order dated November 8, 2005 to permit the deposition of Daniel 

Faerfers to commence in Sacramento, California, on December 8, 2005 at 9:30 a.m. 

pursuant to the agreement of the parties. 

I declare under penalty of perjury and under accordance of the laws of the State of 

California the foregoing is true and correct. Executed this 22nd day of November, 2005 at 

Roseville, California. 

 _/s/Cris C. Vaughan________________________ 

 CRIS C. VAUGHAN 

 VAUGHAN & ASSOCIATES 

 Attorney for Plaintiffs/Counterdefendants 

 

Case 2:04-cv-02690-TLN-EFB Document 81 Filed 12/06/05 Page 3 of 4
-4- 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

ORDER 

IT IS HEREBY ORDERED, good cause having been shown, that the deposition of 

Daniel W. Faerfers shall be taken on Thursday, December 8, 2005, Friday, December 9, 

2005, and if necessary up to noon (12:00 p.m.) on Saturday, December 10, 2005, at 

Sacramento, California. 

IT IS SO ORDERED 

Dated: December 5, 2005

__________________________________ 

MORRISON C. ENGLAND, JR 

UNITED STATES DISTRICT JUDGE

 

Case 2:04-cv-02690-TLN-EFB Document 81 Filed 12/06/05 Page 4 of 4