Stewart Title Guaranty Company v. Credit Suisse

Filing 228

MEMORANDUM DECISION AND ORDER, the deposition of Ms. Kane shall be moved to Friday 11/21/14. Credit Suisse shall produce by noon on Thursday 11/20/14, all the documents it can obtain by diligent efforts. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
STEWART TITLE GUARANTY
COMPANY, a Texas corporation,

Case No. 1:11-cv-00227-BLW
MEMORANDUM DECISION
AND ORDER

Plaintiff,
v.
CREDIT SUISSE, Cayman Islands Branch,
Defendant.

MEMORANDUM DECISION
The Court’s Law Clerk held a conference with counsel on November 17, 2014, to
mediate a dispute that arose over the production of documents associated with the three
depositions discussed in the Court’s recent decision (docket no. 226). After considering
the arguments of counsel, the Court has decided to direct counsel to move the deposition
of Ms. Kane to Friday, November 21, 2014, to buy a few more days for Credit Suisse to
produce the documents necessary for that deposition. Credit Suisse shall produce by
noon on Thursday November 20, 2014, all the documents it can obtain by diligent efforts.
The Court recognizes that Credit Suisse will continue to search for additional documents,
raising the possibility that later-acquired documents might require another deposition, but
that is an issue for another day. The Court recognizes that moving the deposition will
cause inconvenience to Ms. Kane, but it would be equally inconvenient to delay the

Memorandum Decision & Order – page 1

depositions when some counsel are already in New York. Moreover, the Court is not
inclined to approve further delays in a case already unduly delayed.
The direction set forth in this Order is subject to change if counsel reach an
agreement among themselves. In the absence of any such agreement, this Order will
govern.
ORDER
In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, that the deposition of Ms. Kane
shall be moved to Friday November 21, 2014.
IT IS FURTHER ORDERED, that Credit Suisse shall produce by noon on
Thursday November 20, 2014, all the documents it can obtain by diligent efforts.

DATED: November 18, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Memorandum Decision & Order – page 2