Sanctions awarded due to improper deposition objections
Promos Technologies, Inc. v. Freescale Semiconductor, Inc., C.A. No. 06-788-JJF, December 20, 2007.
Farnan, J. The Court grants a motion to compel Defendant to reproduce a 30(b)(6) witness where improper objections were asserted. Sanctions were awarded.
After strained negotiations over the topics and location of deposition, a 30(b)(6) witness was designated for deposition on November 30, 2007 on topics relating to the accused products. Defendant’s counsel interjected work product and other objections. Defendant contended that Plaintiff should focus only on the core of the accused products in seeking infringement discovery. After a hearing on December 13, 2007, the court reviewed the transcript and videotape of the deposition and finds counsel obstructed the questioning by improper assertion of work product privilege and interposing numerous objections unsupported by the rules of evidence. The Court ordered (1) Defendant’s counsel to pay all costs and attorneys’ fees for the November 30 deposition and the redeposition; (2) a second deposition to take place at a time and place designated by Plaintiff which will not be charged to Plaintiff’s allocation of depositions; and (3) the topics of the second deposition will be as noticed and explained by Plaintiff at the November 30 deposition.
A copy of the full opinion is available here.
