Optronic Technologies, Inc., v. Ningbo Sunny Electronic Co., Ltd. et al

Filing 160

Civil Minute Order re Mid-Deposition Dispute by Magistrate Judge Virginia K. DeMarchi on 9/13/2018. (vkdlc2S, COURT STAFF) (Filed on 9/13/2018) Modified on 9/13/2018 (vkdlc2S, COURT STAFF).

CIVIL MINUTE ORDER
VIRGINIA K. DEMARCHI
UNITED STATES MAGISTRATE JUDGE
COURTROOM NO. 2

DATE: September 13, 2018

CASE No. 5:16-cv-06370-EJD (VKD)

CASE TITLE: Optronic Technologies v. Ningbo Sunny Electronic, et al.
COURT REPORTER: Recorded by Reporter Present at Deposition

APPEARANCES
For Plaintiff(s): Matthew Borden
For Defendant(s): Michael Scarborough

TELEPHONIC PROCEEDING FOR MID-DEPOSITION DISPUTE
Defendants initiated a telephone call to the Court concerning a dispute over the timing of
the deposition of Mr. James Chiu, whom defendants produced for deposition, both as an
individual and in his capacity as Ningbo Sunny Electronic’s Fed. R. Civ. P. 30(b)(6) designee.
Defendants contend that plaintiff has not adhered to the parties’ prior agreement on the time limit
for the examination of Mr. Chiu as Ningbo Sunny’s Fed. R. Civ. P. 30(b)(6) witness. Counsel
stated their respective positions.
On this record, the Court cannot properly evaluate the parties’ respective claims as to Mr.
Chiu’s preparedness to testify, the nature and scope of the questions posed, or whether there has
been undue delay in the course of the examination. The parties were strongly encouraged to
confer, in good faith, to reach a reasonable resolution of the dispute. If they are unable to resolve
the matter between themselves, they should promptly bring the matter to the Court’s attention in
compliance with the discovery dispute procedures outlined in the Court’s Standing Order for
Civil Cases, https://cand.uscourts.gov/filelibrary/3438/Standing-Order-for-Civil-Cases-August23-2018.pdf.