Marvel Worldwide, Inc. et al v. Kirby et al

Filing 48

ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Marc Toberoff dated 11/14/10 re: We respectfully ask this Court to clarify that while it ordered that Mr. Evanier could be separately deposed as a "fact witness" and an expert witness, Mr. Evanier should not be required to be deposed for more than seven hours in total per F.R.C.P. 30(d)(1). ENDORSEMENT: Fed. R. Civ. P. 30 (d)(1) speaks to the number and presumptive length of each deposition ("... a deposition is limited to 1 day of 7 hours"); Accordingly, a deponent who participates in a litigation in different capacities, for example, in an individual capacity and as a corporate representative (See Fed. R. Civ. P. 30(b)(6)), might testify at more than one deposition proceeding. In such a circumstance, each deposition would be governed by Fed. R. Civ. P. 30(d)(1). Therefore, the December 6, 2010 expert witness deposition is limited to one day of seven hours. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/15/10) (rjm)