Phathong et al v. Tesco Corporation (US)

Filing 144

ORDER granting 130 Plaintiffs Motion to Allow Testimony by Video Conference by Judge William J. Martinez on 5/25/2012.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10-cv-00780-WJM-MJW
VON J. PHATHONG, and
JENNIFER D. PHATHONG,
Plaintiffs,
v.
TESCO CORPORATION (US),
Defendant.

ORDER ON MOTION TO ALLOW TESTIMONY BY VIDEO CONFERENCE

This matter is before the Court on Plaintiffs’ Motion to Allow Testimony by Video
Conference Pursuant to Fed. R. Civ. P. 43(a) and Practice Standard II.F (the “Motion”).
(ECF No. 130.) Defendant has filed a Response to the Motion (ECF No. 136), and
Plaintiffs have filed a Reply (ECF No. 141).
Federal Rule of Civil Procedure 43(a) provides, “For good cause in compelling
circumstances and with appropriate safeguards, the court may permit testimony in open
court by contemporaneous transmission from a different location.” After careful
consideration, the Court has determined that Plaintiffs have shown good cause and
compelling circumstances for Dr. Austin Gleason and Dr. Eubulus Kerr to testify by
video conference during the trial of this action. However, in the Response Defendant
raises a legitimate concern that appropriate safeguards be made for this testimony by
video conference, namely, that Dr. Gleason and Dr. Kerr have all relevant documentary
evidence in front of them during their testimony so that counsel for Defendant can

attempt to impeach Dr. Gleason and Dr. Kerr as to certain pieces of documentary
evidence.
In accordance with the foregoing, the Court ORDERS as follows:
(1)

Plaintiffs’ Motion to Allow Testimony by Video Conference (ECF No. 130) is
GRANTED;

(2)

Dr. Austin Gleason and Dr. Eubulus Kerr will be permitted to testify by video
conference during the trial of this action;

(3)

Plaintiffs’ counsel shall ensure that Dr. Gleason and Dr. Kerr have all relevant
documentary evidence in front of them during their testimony, including the
documentary evidence identified by Defendant in its Response. (See ECF No.
136, at 3 ¶ 7.) Plaintiffs’ counsel shall ensure that Dr. Gleason and Dr. Kerr have
that documentary evidence ready in a manner that will make any particular piece
of documentary evidence quickly and readily accessible;

(4)

On or before May 30, 2012, Defendant’s counsel shall provide Plaintiffs’ counsel
with a list of the exhibits that Defendant’s counsel expects to use in his crossexamination of Dr. Gleason and Dr. Kerr;

(5)

Plaintiffs’ counsel shall ensure that Dr. Gleason and Dr. Kerr have those
particular exhibits, properly labeled, in front of them during their testimony; and

(6)

On or before May 29, 2012, Plaintiffs’ counsel shall contact chambers at (303)
335-2892 in order to inform the Court of the date(s) on which Dr. Gleason and
Dr. Kerr will be called to testify, and in order to begin the process of ensuring that
the necessary video conferencing equipment is properly set up in the courtroom
and at the location in which Dr. Gleason and Dr. Kerr will testify.
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Dated this 25th day of May, 2012.
BY THE COURT:

William J. Martínez
United States District Judge

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