Without a Doubt

Deposition Case Summaries

When Asking for Expert Income is Overkill

The Defendants’ Expert Witness was deposed on his annual earnings from providing expert testimony.  The expert claimed that information was private information and he refused to answer.  A motion to compel followed.  Young v. Pleasant Valley Sch. Dist., 2011 U.S. Dist. LEXIS 93151, 1-2 (M.D. Pa. Aug. 18, 2011). An examining party can seek a [...]

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Why Don’t You Pay For My Travel To the Depo?

The Plaintiff, a Pro Se parolee, brought a motion for the Defendants to pay for his own deposition against the State of California, to be held in Sacramento.  Strong v. Elliott, 2011 U.S. Dist. LEXIS 89106, 2-3 (E.D. Cal. Aug. 11, 2011). The Plaintiff claimed he was without any income and could not travel more [...]

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Early Exhibit Disclosure

The Plaintiff sought the Defendants to produce advanced copies of their potential non-Bates numbered deposition exhibits 72 hours before the deposition.  The Defendants naturally said “No,” claiming the Plaintiffs were seeking information protected by the work-product doctrine.  Craig v. Rite Aid Corp., 2011 U.S. Dist. LEXIS 81005, 11-12 (M.D. Pa. July 22, 2011). The Plaintiffs [...]

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30(b)(6) Depositions Doesn’t Not Mean Expert Opinions

The Plaintiffs brought a motion to compel and sanctions pursuant to Federal Rules of Civil Procedure Rules 30(d)(2) and 37(a), claiming the Defendant’s 30(b)(6) witness was “unprepared or unwilling” to answer deposition questions.  Hund v. Smith & Nephew, Inc., 2011 U.S. Dist. LEXIS 83179 (D.S.C. July 28, 2011). Federal Rule of Civil Procedure Rule 30(b)(6) [...]

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Don’t Disappear with Your Deponent for 30 Minutes During the Deposition

A Defense Deponent testified she knew a broker who gave an improper kickback to another broker.  When asked to identify the person involved in the kickback, the Deponent answered, “I don’t want to use the name. I can’t do that.” LM Ins. Corp. v. Aceo, Inc., 2011 U.S. Dist. LEXIS 73349, 1-2 (N.D. Ill. July [...]

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It’s Not Paradise: Never Get the Judge to Call Your Conduct “Appalling”

The Defendants challenged a Magistrate Judge’s order that required two deponents to be re-deposed for two hours each, plus an additional $3,800 in reasonable expenses.  Funk v. Town of Paradise, 2011 U.S. Dist. LEXIS 69434, at *3 (E.D. Cal. June 28, 2011).  Unfortunately for the Defendants, both the Magistrate Judge and reviewing District Judge found [...]

Posted in Deposition, Instructions Not to Answer, Motion to Compel, Suggestive Objections | No Comments

Compelling a Pro Se Plaintiff’s Deposition

The Defendants attempted compelling unanswered discovery and a deposition of a Pro Se Plaintiff.  Adding to the Plaintiff’s problems, the Plaintiff failed to attend the motion to compel hearing.  Hart v. PAE Gov’t Servs., 2011 U.S. Dist. LEXIS 69342 (E.D. Cal. June 28, 2011). Without a doubt, the Defendants’ motions were granted. The Plaintiff failed [...]

Posted in Deposition, Failure to Appear, Motion to Compel | No Comments

Depo Redo: Deposition Conduct that Results in a New Deposition

Depositions can be anything like a game of chess to a sparing match between attorneys.  However, a lawyer going too far in instructing witnesses not to answer questions can end up with their witness being deposed again because of the lawyer’s conduct. The overly zealous lawyers might also find himself with the bill for the [...]

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The Scooter Chase: Undue Burden in Selecting the Deposition Location

The parties in Scooter Store, Inc. v. Spinlife.com, LLC, had a scooter race with the Court: Where would the Plaintiff’s President be deposed?  Scooter Store, Inc. v. Spinlife.com, LLC, 2011 U.S. Dist. LEXIS 57283, 1-2 (S.D. Ohio May 25, 2011). The Plaintiffs filed their lawsuit alleging state and federal unfair competition and trademark violations, which [...]

Posted in Deposition, Undue Burden, Venue | No Comments

Third-Party Depositions to Identify Anonymous Blogger

A geologist specializing in oil and gas exploration was the victim of online defamation by an anonymous blogger known only by a blogger id.  The Plaintiff sought to depose representatives from Google, Blogspot.com and other online entities to learn the true identity of the Doe Defendant. Fodor v. Doe, 2011 U.S. Dist. LEXIS 49672, 6-7 [...]

Posted in 30(b)(6), Deposition, Person Most Knowledgeable | 1 Comment

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