Volvo Construction Equipment Rents, Inc. et al v. NRL Texas Rentals, LLC et al

Filing 605

ORDER Granting 600 Plaintiff's Unopposed Motion for Permission to allow witness to appear by contemporaneous transmission from a different location. Signed by Judge James C. Mahan on 8/30/12. (Copies have been distributed pursuant to the NEF - EDS)

1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
7
8

VOLVO CONSTRUCTION
EQUIPMENT RENTS, INC.,

2:09-CV-32 JCM (VCF)

9
Plaintiff,

10
11

v.

12

NRL RENTALS, LLC, et al.,

13

Defendants.

14
15
16
17

ORDER
Presently before the court is plaintiff’s unopposed motion for permission to allow witness
to appear by contemporaneous transmission from a different location. (Doc. # 600).

18

Brian Bradley (“Bradley”) is a key trial witness and former employee of plaintiff. Bradley

19

presently works for Barrick Gold Corporation at a remote mine location on the border of Argentina

20

and Chile.

21

Federal Rule of Civil Procedure 43(a) provides that “compelling circumstances and with

22

appropriate safeguards, the court may permit testimony in open court by contemporaneous

23

transmission from a different location.”

24

Plaintiff represents that Bradley is willing to testify at trial. However, Bradley cannot

25

physically return to the United States due to his current employer’s business needs and his own

26

responsibilities associated with running the mine camp. Further, the economic costs of returning to

27

the United States are prohibitive. Bradley may testify at trial via contemporaneous transmission

28
James C. Mahan
U.S. District Judge

1

provided that he remains available for cross examination.

2

Good cause appearing,

3

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for

4

permission to allow witness to appear by contemporaneous transmission from a different location

5

(doc. # 600) be, and the same hereby is, GRANTED.

6

DATED August 30, 2012.

7
8
9
UNITED STATES DISTRICT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-