Fred Benioff Co. v. McCulloch

DENMAN, Circuit Judge.

Petitioner seeks leave to file its petition for a writ of mandate ordering respondent to vacate an order for the taking of depositions of certain witnesses in New York by oral examination. The district court required, as a condition precedent to ordering the taking of the depositions by such examination, the payment by petitioner of the costs, in the amount of $1,681.14, of the travel expenses and fees of its opponent’s counsel to attend and participate in the taking of the depositions. Petitioner claims the order imposing such costs is beyond the power conferred upon…