Newark Group, Inc. v. Dopaco, Inc.

Filing 100

ORDER signed by Magistrate Judge Dale A. Drozd on 6/22/2010 DENYING defendant's 93 Motion to Quash plaintiff's deposition notice of defendant's consulting expert Joseph Kelly. Counsel shall work together to determine time and location for deposition. (Marciel, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. DOPACO, INC., Defendant. / This case came before the court on June 18, 2010, for hearing on defendant's motion to quash (Doc. No. 93). H. Christian L'Orange, Esq. appeared for defendant and moving party Dopaco, Inc. Marc Poe, Esq. appeared for plaintiff The Newark Group, Inc. For the reasons stated in open court, defendant's motion to quash plaintiff's deposition notice of defendant's consulting expert Joseph Kelly is DENIED. It is appropriate for Mr. Kelly to be subject to limited questioning by plaintiff's counsel regarding the contents of the ink sold by SCI during Mr. Kelly's employment with SCI, based solely upon Mr. Kelly's knowledge gained by way of his employment with SCI at that time and not based on any subsequent investigation, testing, and research conducted by Mr. Kelly. Questioning of Mr. Kelly by plaintiff's counsel will be limited to two hours of actual questioning. Questioning by defendant's counsel will not be limited. Plaintiff's counsel 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA THE NEWARK GROUP, INC., Plaintiff, No. CIV S-08-2623 GEB DAD

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may cross-examine Mr. Kelly regarding any matter raised by defendant's counsel. Counsel shall work together with regard to the timing and location of the deposition. IT IS SO ORDERED. DATED: June 22, 2010.

DAD:kw Ddad1/orders.civil/newark2623.oah.061810

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