Nordyne Inc. v. Regal Beloit Electronic Motors, Inc.

Filing 96

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that RBC Manufacturing Corporation's Emergency Motion For Additional Time To Continue and Complete the Deposition of United Technologies Electronic Controls, Inc. is GRANTED. RBC will be permitted to de pose the designee of United Technologies Electronic Controls, Inc. for an additional three (3) hours, and Nordyne will be allowed three (3) hours for its questions. The Parties will determine the availability of the designee and mutually agree upon a time and place for the deposition. IT IS HEREBY FURTHER ORDERED that the reports of experts due on damageswill remain on the current schedule. The deadlines for all other expert reports will be determined by joint stipulation by the Parties. The Par ties shall file their joint stipulation relating to expert report deadlines and the completion of all discovery deadlines no later than May 27, 2011. All other deadlines in this Court's Second Amended Case Management Order [doc. #63] remain in effect.( Discovery Completion due by 5/27/2011.) Signed by Honorable E. Richard Webber on May 20, 2011. (MGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

NORDYNE, INC,
Plaintiff and Counterclaim-Defendant,
vs.
RBC MANUFACTURING CORP.,
Defendant and Counterclaim-Plaintiff.

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Case No. 4:09CV00203 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on RBC Manufacturing Corporation’s Emergency
Motion For Additional Time To Continue and Complete the Deposition of United Technologies
Electronic Controls, Inc. [doc. #87]. A telephone hearing was held on May 19, 2011, and the
Court heard arguments from the Parties on the pending Motion.
Defendant RBC Manufacturing Corporation requests that the Court grant additional time
to continue questioning the designee of United Technologies Electronic Controls, Inc. (“UTEC”)
in a deposition for an additional three (3) hours. RBC argues that good cause exists for allowing
the additional time and states the following two reasons in support of its motion: (1) UTEC, a
third-party supplier of components to Nordyne is the sole source of critical information about the
structure and operation of the accused Nordyne products at issue in this suit; and (2) RBC,
consistent with the Court’s instruction to the parties on May 6, 2011, received an initial four
hours to examine UTEC’s designee on May 6, but was unable to complete its examination and
needs additional time to complete its examination on key issues and documents.
Federal Rule of Civil Procedure 30(d)(1) provides: “Unless otherwise stipulated or
ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional
time consistent with Rule 26(b)(2) if needed to fairly examine the deponent or if the deponent,

another person, or any other circumstance impedes or delays the examination.” Thus, although
RBC has already deposed UTEC’s designee, the Court finds that the four hours RBC spent
deposing UTEC’s designee was insufficient to adequately depose the designee on all the
proposed topics and to the satisfaction of RBC. Furthermore, the delivery of 333 pages of
documents delivered to the Parties by UTEC the day before the deposition persuades the Court
that RBC requires more time to continue and complete its examination of UTEC. RBC will
therefore be permitted three (3) additional hours to depose UTEC’s designee. Plaintiff Nordyne
will also be permitted to depose UTEC’s designee for three (3) hours.
Accordingly,
IT IS HEREBY ORDERED that RBC Manufacturing Corporation’s Emergency Motion
For Additional Time To Continue and Complete the Deposition of United Technologies
Electronic Controls, Inc. is GRANTED. RBC will be permitted to depose the designee of
United Technologies Electronic Controls, Inc. for an additional three (3) hours, and Nordyne will
be allowed three (3) hours for its questions. The Parties will determine the availability of the
designee and mutually agree upon a time and place for the deposition.
IT IS HEREBY FURTHER ORDERED that the reports of experts due on damages
will remain on the current schedule. The deadlines for all other expert reports will be determined
by joint stipulation by the Parties. The Parties shall file their joint stipulation relating to expert
report deadlines and the completion of all discovery deadlines no later than May 27, 2011. All
other deadlines in this Court’s Second Amended Case Management Order [doc. #63] remain in
effect.
Dated this 20th Day of May, 2011.

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E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE
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