Filed: Jan. 13, 2020
Latest Update: Jan. 13, 2020
Summary: ORDER DEBRA FREEMAN , Magistrate Judge . Discovery as between the parties in this case has been completed, but, prior to the close of the discovery period, defendant Strategic Vision, LLC ("Defendant") served certain subpoenas that have been contested either by the non-parties served, or by other non-parties claiming to have standing to challenge the subpoenas. One of those subpoenas — a deposition subpoena issued to Stephen K. Bannon ("Bannon") — was challenged by Bannon in the United Stat
Summary: ORDER DEBRA FREEMAN , Magistrate Judge . Discovery as between the parties in this case has been completed, but, prior to the close of the discovery period, defendant Strategic Vision, LLC ("Defendant") served certain subpoenas that have been contested either by the non-parties served, or by other non-parties claiming to have standing to challenge the subpoenas. One of those subpoenas — a deposition subpoena issued to Stephen K. Bannon ("Bannon") — was challenged by Bannon in the United State..
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ORDER
DEBRA FREEMAN, Magistrate Judge.
Discovery as between the parties in this case has been completed, but, prior to the close of the discovery period, defendant Strategic Vision, LLC ("Defendant") served certain subpoenas that have been contested either by the non-parties served, or by other non-parties claiming to have standing to challenge the subpoenas. One of those subpoenas — a deposition subpoena issued to Stephen K. Bannon ("Bannon") — was challenged by Bannon in the United States District Court for the District of Columbia (the district where it was served), but, by a recent order of that court, the dispute was transferred to this Court for resolution. See Order in Case No. 19-mc-0209 (TSC) (D.D.C. Jan. 5, 2020).1 This Court having held conferences with counsel for the parties and for Bannon, and having heard extensive argument with respect to the propriety of the Bannon subpoena, it is hereby ORDERED as follows:
1. This Court finds that the scope of the questioning of Bannon sought by Defendant is overbroad and that the topics sought to be explored by Defendant with this witness are largely irrelevant to the claims or defenses asserted in this case. Therefore, so as to avoid undue burden to the witness, modification of the subpoena under Rule 45(d)(3)(A)(iv) of the Federal Rules of Civil Procedure is warranted. As discussed preliminarily with counsel, and as further informed by the parties' written communications to this Court thereafter,2 the subpoena shall be modified to allow written questions (the answers to which shall be sworn or answered under penalty of perjury by Bannon in lieu of his providing sworn in-person testimony), limited to the following, in words or substance:3
a. Whether, in meeting with the Chinese official Wang Qishan ("Wang") in or about September 2017, and, shortly before and/or after that meeting, in separately meeting with Guo Wengui ("Guo"), Bannon conveyed information from Guo to Wang, and/or conveyed information from Wang to Guo; and
b. Whether, during the period from 2017 through 2019, in connection with Bannon's negotiating or doing business with Guo or any entity known to be affiliated with Guo,
i. Bannon received any payments from ACA Capital ("ACA");
ii. Bannon and Guo discussed ACA and/or an individual named William Je ("Je"); and
iii. ACA and/or Je had any involvement — in the negotiations, in any resulting contracts, and/or, to Bannon's knowledge, in facilitating financial transfers.
2. If Bannon answers any of these questions in the affirmative, then this Court will allow a brief deposition so that a full narrative response may be provided on the record. Any such deposition shall be scheduled at the witness's convenience, but not later than January 31, 2020.
3. The written questions contemplated by this Order shall be served on counsel for Bannon no later than January 14, 2020, and, absent an extension by this Court for good cause shown, written responses (sworn or expressly made under penalty of perjury) shall be provided no later January 17, 2020.
SO ORDERED.
