TERESA J. JAMES, Magistrate Judge.
This matter is before the Court on Defendant ShipMate, Inc.'s Motion for Protective Order (ECF No. 126). ShipMate filed its motion on May 27, 2015, two days before it was to produce its Rule 30(b)(6) designee for a deposition noticed by Plaintiff U, Inc.
Pursuant to Federal Rule of Civil Procedure 26(c), a "court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense[.]"
Federal Rule of Civil Procedure 26(b)(1) governs the scope of discovery. It provides that a party "may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense."
On June 4, 2015, the Court held a third telephone conference in less than two months to discuss discovery disputes between Plaintiff and ShipMate. The Rule 30(b)(6) deposition of ShipMate was a primary topic during each of the conferences, and ShipMate consistently acknowledged that the corporate designee would be Steven Hunt. ShipMate's counsel repeatedly reported Mr. Hunt's unavailability. During the June 4 conference, counsel for ShipMate once again sought postponement of the 30(b)(6) deposition, this time requesting a delay until Mr. Hunt is deposed in the action ShipMate has filed against Plaintiff in the Central District of California ("the California action"). ShipMate argued that it would be more efficient for Mr. Hunt to be deposed a single time instead of appearing separately in each case. Plaintiff opposed the request and the Court rejected it, citing the length of time Plaintiff has been waiting to take this deposition and ShipMate's various excuses for its failure/refusal to produce Mr. Hunt.
ShipMate filed a memorandum of law in support of its motion which sets forth two main arguments. The first is that Plaintiff should not be allowed to question ShipMate regarding topics that ShipMate contends are not at issue in this case, but are instead the subject of the California action. ShipMate appears to attempt to disavow in this case its claims that are the subject of the California action. ShipMate's second argument is that Plaintiff should not be allowed to proceed with questioning on topics and information going back to 2007 that were the subject of Plaintiff's then-pending motion to compel, until the Court issues its ruling on that motion. Because the Court has granted Plaintiff's motion to compel,
Plaintiff argues, as it did in support of its motion to compel,
When ShipMate filed its motion for protective order, counsel submitted a proposed protective order for the Court's consideration. In the proposed order, ShipMate seeks to preclude Plaintiff from asking about items 1(e) and 7 (a) and (c) in Plaintiff's 30(b)(6) deposition notice. Item 7 does not seek information relating to the California action and therefore ShipMate's request for protective order as to Item 7 is now moot. The Court will therefore examine whether ShipMate is entitled to an order protecting it from questions regarding item 1(e), which states as follows:
1. All topics included as the general subject areas for the testimony of ShipMate, Inc. as set forth in Defendant ShipMate's Initial Rule 26 disclosures, [including]: (e) ShipMate's contention that U, Inc. infringed upon ShipMate's copyrights and trademarks.
As noted above, the Court has broad discretion with respect to protective orders. The Court may not issue such an order, however, unless the moving party "demonstrates that the basis for the protective order falls within one of the categories enumerated in [Rule] 26(c)."
The Court finds that ShipMate has not met its burden to show that it needs protection from questions about its contention that Plaintiff infringed upon ShipMate's copyrights and trademarks. Until ShipMate filed the California action in May, 2015, it had included this contention in its Rule 26 disclosures. ShipMate later amended its disclosures to remove the contention, explaining that it did so because the contention is now part of the California action. Clearly, ShipMate originally contemplated having to respond to discovery in this case about its allegation that Plaintiff engaged in infringing conduct. Its unilateral act in amending its Rule 26 disclosures does not make the subject matter off limits for Plaintiff. Moreover, even ShipMate's amended disclosures include broad topics and categories that could encompass claims of infringement by Plaintiff. ShipMate has made no argument or produced any evidence to support a finding that Mr. Hunt would suffer annoyance, embarrassment, oppression, or undue burden or expense by facing questions about ShipMate's contention of infringement. Accordingly, the Court denies the motion.
IT IS HEREBY ORDERED that ShipMate's Motion for Protective Order (ECF No. 126) is DENIED.
IT IS FURTHER ORDERED that ShipMate shall produce Steven Hunt for 30(b)(6) deposition at a location in the Kansas City metropolitan area in accordance with U, Inc.'s Amended Notice of Rule 30(b)(6) Deposition of Defendant ShipMate, Inc. (ECF No. 139).
IT IS SO ORDERED.