James v. UMG Recordings, Inc.

Filing 140

DISCOVERY ORDER re 139 Joint Discovery Letter Brief re Dispute Over Notice of 30(b)(6) Deposition filed by Dave Mason, Carlton Douglas Ridenhour, Ron Tyson, Otis Robert Harris, Jr., Andres Titus, Otis Williams, Robert Walter "Bo" Donaldson, White Zombie, Rick James, William McLean, Rob Zombie. Signed by Judge Maria-Elena James on 12/20/2012. (cdnS, COURT STAFF) (Filed on 12/20/2012)

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1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 4 5 RICK JAMES, by and through THE JAMES AMBROSE JOHNSON, JR., 1999 TRUST, his successor in interest, individually and on behalf of all others similarly situated, 6 No. C 11-1613 SI (MEJ) ORDER REGARDING JOINT DISCOVERY DISPUTE LETTER FILED ON DECEMBER 19, 2012 Plaintiffs, 7 8 v. Re: Dkt. No. 139 UMG RECORDINGS, INC., a Delaware corporation, 9 10 In these putative class action lawsuits, Plaintiffs (who are recording artists and producers) 12 allege that they were underpaid royalties owed to them under written contracts with Defendant (a For the Northern District of California UNITED STATES DISTRICT COURT 11 Defendant. _____________________________________ 13 record company). On December 19, 2012, the parties filed another joint discovery dispute letter, this 14 time regarding depositions. Dkt. No. 139. In the letter, Plaintiffs request that the Court order 15 Defendant to produce its Federal Rule of Civil Procedure 30(b)(6) deposition witness without a 16 precondition that the same deponent cannot later be deposed in their individual capacity. “In some 17 circumstances, [a Rule] 30(b)(6) designee may also be deposed in his or her individual capacity. 18 Because ‘methods of discovery may be used in any sequence, [Fed. R. Civ. P. 26(d), a witness may 19 be deposed either prior to or following his or her testimony as [a Rule] 30(b)(6) designee.” AG20 Innovations, Inc. v. United States, 82 Fed. Cl. 69, 81 (Fed. Cl. 2008). Thus, the Court finds Plaintiffs 21 may properly depose a witness twice - once in their Rule 30(b)(6) capacity and once in their 22 individual capacity. If the parties have any disputes regarding specific deposition topics and/or 23 whether any deposition topics are duplicative, they shall meet and confer and file another joint letter. 24 IT IS SO ORDERED. 25 26 27 28 Dated: December 20, 2012 ___________________________ Maria-Elena James Chief United States Magistrate Judge

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