Kibodeaux v. Marine Partners et al

Filing 22

MEMORANDUM RULING re 20 Telephone Status Conference wherein the undersigned was asked to resolve disputes among the parties during a deposition of a non-party witness. IT IS ORDERED that the deposition of Chrystal Corbello may resume for aperiod not to exceed two additional hours. See pdf attached regarding detailed instruction by the Court. Signed by Magistrate Judge Patrick J Hanna on 11/15/2012. (crt,Dauterive, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
BRANDON KIBODEAUX

CIVIL ACTION NO. 12-CV-706

VERSUS

JUDGE DOHERTY

MARINE PARTNERS, LLC, ET AL

MAGISTRATE JUDGE HILL

MEMORANDUM RULING AND ORDER

In the recent telephone status conference on November 7, 2012, wherein the
undersigned was asked to resolve disputes among the parties during a deposition of
a non-party witness, the deposition was suspended to allow the court to review the
transcript of the deposition so as to rule on the issues presented. [Rec. Doc. 20] The
undersigned now having reviewed the transcript of the deposition, issues the
following Orders for completion of the deposition consistent with provisions of Rule
30(d)(3):
IT IS ORDERED that the deposition of Chrystal Corbello may resume for a
period not to exceed two additional hours. Since the deponent is not a party to this
litigation, and she is not represented by any counsel in this litigation, she has no
attorney/client privilege as to any questions asked of her in the deposition regarding
conversations with counsel for the parties and she cannot be instructed by the
participating attorneys not to answer the questions asked of her on that basis. The

witness can be instructed not to answer only in order to present a motion under Rule
30(d)(3) or to enforce a limitation ordered by the court.
IT IS FURTHER ORDERED that, notwithstanding the provisions of Rule
30(c)(2), the deposition shall resume, with the parties reserving all objections except
those based on form of the question and/or responsiveness of the answer with a
concise, nonargumentative basis for the two objections and counsel are specifically
ordered to refrain from any form of speaking objections;
IT IS FURTHER ORDERED that the personal rancor between counsel shall
cease and that the discourse among counsel and the witness shall be conducted on a
professional level. Should any further conflict arise during the completion of the
deposition, such conflict should be presented to Magistrate Judge Hill for resolution.
IT IS FINALLY ORDERED that the Clerk shall provide a copy of this Order
to Judge Hill.
Lafayette, Louisiana, this 14th day of November, 2012.

_____________________________________
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE

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