Elawyers Elawyers
Washington| Change

Viva Healthcare Packaging USA Inc v. CTL Packaging USA Inc., 3:13-cv-00569-MOC-DSC. (2016)

Court: District Court, W.D. North Carolina Number: infdco20160524a63 Visitors: 6
Filed: May 20, 2016
Latest Update: May 20, 2016
Summary: ORDER MAX O. COGBURN, Jr. , District Judge . THIS MATTER is before the court upon submissions by the parties regarding a discovery dispute related to the length and scope of the deposition of Cynthia Smith (##305, 306). At a hearing before the court on twelve (12) pending motions on May 4, 2016, this court ordered the parties to agree to additional discovery regarding the manufacture of injection molded articles undertaken by Defendants for subsequent testing by Defendants' expert witness.
More

ORDER

THIS MATTER is before the court upon submissions by the parties regarding a discovery dispute related to the length and scope of the deposition of Cynthia Smith (##305, 306). At a hearing before the court on twelve (12) pending motions on May 4, 2016, this court ordered the parties to agree to additional discovery regarding the manufacture of injection molded articles undertaken by Defendants for subsequent testing by Defendants' expert witness. At that time, the court instructed the parties to attempt to come to a resolution as to what documents would be produced, as well as who would be deposed, on what topics, and for how long. The court specifically indicated that it would not permit a "fishing expedition." See Tr. (#304) at 191:7-19.

As indicated by the parties' filings, Defendant CTL Packaging has agreed to provide all non-privileged documents related to the testing in question and to make available a corporate representative of Tuboplast under Fed. R. Civ. P. 30(b)(6) for a deposition about the manufacturing of samples at issue. Defendants also have agreed to make Ms. Smith available for a deposition. The parties have informed the court that the 30(b)(6) deposition will take place on May 23, 2016 for 3.5 hours and that Ms. Smith's deposition is to occur at least one week later. The parties dispute the scope and length of Ms. Smith's deposition. Plaintiffs request a full deposition of Ms. Smith regarding the opinions in her expert reports; Defendants request that her deposition not exceed two (2) hours and that it be limited to her reliance on how the injection molded articles were made and tested.

Having considered the arguments of both parties and reviewed the transcript of the May 4 hearing, the court agrees with Defendants that the deposition of Ms. Smith should be limited to the topic about which Plaintiffs sought additional discovery and should not encompass the full scope of Ms. Smith's opinions. Thus, the deposition should be limited to the topic of how the injection molded articles were made and tested, which would include questions about Tuboplast's sample tube production that arise out of the newly produced documents and/or testimony from Tuboplast's 30(b)(6) representative.

IT IS THEREFORE ORDERED THAT: Defendants are to make available their expert, Cynthia Smith, for a deposition not to exceed three (3) hours at a date, time, and place agreed to by the parties, for questions regarding her reliance on how the injection molded articles in question were made and tested.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer