Disney Enterprises, Inc. et al v. The Secret Dis Group LLC et al

Filing 42

ORDER SCHEDULING DEFENDANTS' DEPOSITIONS re 41 Joint Notice Regarding Defendants' Depositions Pursuant to Court Order. Defendants The Secret Dis Group LLC, Popsella, Inc., Christopher B. Martin, and Hannah Martin are ORDERED to appea r for in-person depositions at the United States Courthouse, 401 W. Central Boulevard, Orlando, Florida, on March 7, 8, and 11, 2024. See PDF Order for further requirements and details. Signed by Magistrate Judge Leslie Hoffman Price on 2/22/2024. (MKH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

DISNEY ENTERPRISES, INC.,
LUCASFILM LTD. LLC and
LUCASFILM ENTERTAINMENT
COMPANY LTD. LLC,
Plaintiffs,
v.

Case No: 6:22-cv-2417-RBD-LHP

THE SECRET DIS GROUP LLC,
POPSELLA INC., CHRISTOPHER B.
MARTIN and HANNAH MARTIN,
Defendants

ORDER SCHEDULING DEFENDANTS’ DEPOSITIONS
By Order dated February 14, 2024, the Court granted in part Plaintiffs’ motion
to compel Defendants’ compliance with discovery and ordered, among other
things, that the discovery period would be extended through March 13, 2024 for the
limited purpose of conducting Defendants’ depositions in this case. Doc. No. 40,
at 17–19. The Court ordered lead counsel for the parties to meet and confer within
seven (7) days regarding scheduling Defendants’ depositions, and to file a joint
notice setting forth the date, time, place, and location of Defendants’ depositions by
that same deadline. Id. at 21. The Court warned that if the parties were unable to

agree on deposition dates, the Court would schedule the depositions to occur at the
courthouse, on dates and times convenient to the Court. Id. The Court further
cautioned the parties that depositions conducted after the formal discovery
completion date (March 4, 2024, see Doc. No. 17) would be unavailable for summary
judgment purposes, including responses and replies. Id. (citing Doc. No. 17, at 10).
Now before the Court is the parties’ Joint Notice Regarding Defendants’
Depositions Pursuant to Court Order, which states that the parties have failed to
agree on deposition dates. Doc. No. 41.

In sum, although Defendants initially

offered to have the depositions occur partially remotely on February 26–29, 2024,
Plaintiffs rejected that offer. See Doc. No. 37, at 4. Only after the Court issued the
February 14, 2024 Order did Plaintiffs change their mind, given the unavailability
of depositions taken after the discovery completion date for summary judgment
purposes. See Doc. No. 41, at 2. But now Defendants no longer wish to honor that
prior offer, and Plaintiffs wish to have the Court compel it. See id. at 4–5. The
Court is not inclined to do so, given that all parties have been aware of the
requirements of the Case Management and Scheduling Order (“CMSO”) since
March 16, 2023. Doc. No. 17. 1

Plaintiffs’ “disagree[ment] with the Court’s assessment of Plaintiffs’ lack of
diligence concerning Defendant’s depositions” is unpersuasive. See Doc. No. 41, at 4 n.3.
The Court’s reference to diligence concerned Plaintiffs’ apparent failure to serve any
discovery in this case until almost eight (8) months after discovery began. Doc. No. 40, at
18. And in any event, to the extent that Plaintiffs were having communication issues with
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Consequently, the Court now must schedule Defendants’ depositions itself,
which depositions the Court will require to be in person at the courthouse. See
Doc. No. 40, at 21. It is therefore ORDERED as follows:
1.

Defendants The Secret Dis Group LLC, Popsella, Inc., Christopher B.

Martin, and Hannah Martin are ORDERED to appear for in-person
depositions at the United States Courthouse, 401 W. Central Boulevard,
Orlando, Florida, on March 7, 8, and 11, 2024. Given the representation that
Christopher B. Martin will be deposed both on his own behalf and on behalf
of the two corporate entities (Doc. No. 41, at 5 n.5) those three depositions
shall proceed on March 7 and 8, 2024, and Hannah Martin’s deposition shall
proceed on March 11, 2024, unless otherwise agreed by the parties.
2.

The March 7, 8, and 11, 2024 depositions shall proceed in the witness

rooms adjacent to Courtroom 5D. The witness rooms will be available from
9:00 a.m. to 4:00 p.m. on those dates. No party will be permitted access to
the courtroom.
3.

The Court will not provide court reporter services, and the parties must

supply their own court reporter for the depositions. The court reporter is
authorized to bring into the courthouse stenographic equipment, including

Defendants regarding scheduling depositions, Plaintiffs should have simply unilaterally
notice the depositions. See Middle District Discovery § (II)(A) (2021).
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but not limited to a laptop and cellphone, for purposes of the March 7, 8, and
11, 2024 depositions to be conducted in the witness rooms adjacent to
Courtroom 5D. The court reporter must provide a copy of this Order to the
court security officers to enter the courthouse with their equipment. The
equipment must be produced for inspection upon request.
4.

The March 7, 8, and 11, 2024 depositions will be treated as court

proceedings.

Accordingly, the parties must fully comply with all Local

Rules, including Local Rules 2.01, 2.02, and 5.03. Only attorneys who are
members admitted to the Bar of this Court and/or those specially admitted
under Local Rule 2.01 will be permitted to conduct the depositions.
5.

Pursuant to Local Rule 7.02, no other persons may bring electronic

devices into the courthouse, subject to the exceptions set forth in that Rule.
6.

The parties are reminded that the March 7, 8, and 11, 2024 depositions

will be unavailable for summary judgment purposes, including responses
and replies. See Doc. No. 17, at 10. 2
7.

The Court treats the instant Order as a discovery Order, and thus, any

failures to comply with the requirements set forth herein may result in
sanctions against the offending party, that party’s counsel, or both. See
Fed. R. Civ. P. 16(f); 37(b).

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Any stipulation by the parties to the contrary is ineffective.
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DONE and ORDERED in Orlando, Florida on February 22, 2024.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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