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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Hensoldt Optronics GmbH, Plaintiff, 10 11 ORDER v. 12 No. CV-14-02399-PHX-JAT Nivisys LLC, et al., 13 Defendants. 14 15 Having considered the briefs of the parties, Defendants’ request (Doc. 396) to 16 present an out-of-state representative of CapitalSource Finance, LLC (“CapSource”) via 17 video teleconference is hereby denied. 18 The Court finds significant that the witness is, and at all times has been, beyond 19 the Court’s subpoena power. Defendants state that the witness has not agreed to 20 voluntarily appear; there is no suggestion that the witness ever agreed to appear and then 21 changed his intentions. (See Doc. 396 at 2). Though Defendants suggest that exhibits, 22 including impeachment exhibits, can (and should) be furnished to the witness ahead of 23 time, especially in a documents case, the direct examination may demonstrate a need for 24 cross-examination with documents not earlier foreseen. Furnishing the witness with 25 impeachment documents ahead of his direct testimony further detracts from the normal 26 efficacy of impeachment exhibits. Given these considerations, the Court concludes that 27 Defendants failed to show “good cause in compelling circumstances” to allow the witness 28 to testify via video teleconference. Fed. R. Civ. P. 43(a). 1 Based on the foregoing, 2 IT IS ORDERED that Defendants’ request to present an out-of-state 3 4 representative of CapSource via video teleconference is DENIED. Dated this 30th day of January, 2018. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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