Airbus DS Optronics GmbH v. Nivisys LLC et al
Filing
399
ORDER: IT IS ORDERED that Defendants' request to present an out-of-state representative of CapSource via video teleconference is DENIED [see attached Order for details]. Signed by Senior Judge James A Teilborg on 1/30/18. (MAW)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Hensoldt Optronics GmbH,
Plaintiff,
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ORDER
v.
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No. CV-14-02399-PHX-JAT
Nivisys LLC, et al.,
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Defendants.
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Having considered the briefs of the parties, Defendants’ request (Doc. 396) to
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present an out-of-state representative of CapitalSource Finance, LLC (“CapSource”) via
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video teleconference is hereby denied.
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The Court finds significant that the witness is, and at all times has been, beyond
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the Court’s subpoena power. Defendants state that the witness has not agreed to
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voluntarily appear; there is no suggestion that the witness ever agreed to appear and then
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changed his intentions. (See Doc. 396 at 2). Though Defendants suggest that exhibits,
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including impeachment exhibits, can (and should) be furnished to the witness ahead of
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time, especially in a documents case, the direct examination may demonstrate a need for
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cross-examination with documents not earlier foreseen. Furnishing the witness with
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impeachment documents ahead of his direct testimony further detracts from the normal
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efficacy of impeachment exhibits. Given these considerations, the Court concludes that
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Defendants failed to show “good cause in compelling circumstances” to allow the witness
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to testify via video teleconference. Fed. R. Civ. P. 43(a).
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Based on the foregoing,
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IT IS ORDERED that Defendants’ request to present an out-of-state
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representative of CapSource via video teleconference is DENIED.
Dated this 30th day of January, 2018.
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