Live Nation Merchandise, Inc v. Miller et al

Filing 45

ORDER RE: LINSLEY DEPOSITION. Signed by Judge Nathanael M. Cousins on April 16, 2014. (nclc1, COURT STAFF) (Filed on 4/16/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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No. 13-cv-03936 CW (NC)

LIVE NATION MERCHANDISE, INC.
Plaintiffs,
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v.
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STANLEY G. MILLER, and others,
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ORDER RE: LINSLEY DEPOSITION

Defendants.

United States District Court
For the Northern District of California

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The parties present a discovery dispute concerning the duration of a deposition of a
third-party witness, Anmarie Linsley. Because the deposition is scheduled for tomorrow, in
Utah, the Court issues its ruling today without need for an oral argument and without reciting
the entire procedural history of the case.
Federal Rule of Civil Procedure 30(d)(1) provides that unless stipulated or ordered by
the court, a deposition is limited to 1 day of 7 hours. More time must be allowed if needed to
fairly examine the deponent.
In addition, Federal Rule of Procedure 45 protects third parties from unreasonable
discovery. A party seeking discovery from a third party must take reasonable steps to avoid
imposing an undue burden or expense on a person subject to subpoena.
Here, Live Nation seeks to expand the Linsley deposition to 10 hours (7 hours for
Live Nation and 3 for defendants). Live Nation contends that Linsley is a “key defense
witness” as she was the defendants’ designated agent during the duration of the contract
period.
Having considered the information presented, the Court rules as follows. The
deposition will be limited to 8 hours, in 1 day. Live Nation may have up to 6 hours.
Defendants may have up to 2 hours.

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Any party may object to this nondispositive order, but must do so within 14 days.
Fed. R. Civ. P. 72(a).

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IT IS SO ORDERED.
DATE: April 16, 2014

NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
For the Northern District of California

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