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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WO

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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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