Hayward Industries, Inc. v. BlueWorks Corporation et al

Filing 269

ORDER granting in part 266 MOTION for Use of an Interpreter at Trial. Specifically, Defendants motion is granted insofar as it requests that Mr. Chen be permitted to rely on a translator at trial. Signed by District Judge Max O. Cogburn, Jr on 2/7/2024. (ef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:20-cv-710-MOC-DSC

HAYWARD INDUSTRIES, INC.,

)
)
Plaintiff,
)
)
Vs.
)
)
BLUEWORKS CORPORATION, BLUEWORKS )
INNOVATION CORPORATION, NINGBO C.F. )
ELECTRONIC TECH CO., LTD., NINGBO
)
YISHANG IMPORT AND EXPORT CO., LTD.,
)
)
)
Defendants.
)
----------------------------------------------------------------- )
BLUEWORKS CORPORATION, NINGBO C.F.
)
ELECTRONIC TECH CO., LTD., NINGBO
)
YISHANG IMPORT AND EXPORT CO., LTD.,
)
)
Counterclaim-Plaintiffs,
)
)
Vs.
)
)
HAYWARD INDUSTRIES, INC.,
)
)
Counterclaim-Defendant.
)

ORDER

THIS MATTER is before the Court on Defendant’s motion for use of an interpreter at
trial. (Doc. No. 266). Defendants request that Mr. Zefeng (Richard) Chen be permitted to rely on
a Mandarin interpreter while testifying. Plaintiff—who plans to call Mr. Chen—does not object
to Mr. Chen’s use of an interpreter. (Doc. No. 267). The parties further agree that Defendants are
responsible for hiring and compensating an interpreter. (Doc. No. 266).
The parties disagree, however, on how interpretation time should be counted at trial.
Defendants contend that interpretation time should be included as part of the time for the party

1

taking the examination. Plaintiff contends that all interpretation time should count toward
Defendant’s trial time.
The Court will grant Defendant’s motion in part, but reserve ruling on the timing issue
until trial.
ORDER
IT IS ORDERED that Defendant’s motion for use of an interpreter at trial, (Doc. No.
266), is GRANTED IN PART. Specifically, Defendant’s motion is granted insofar as it requests
that Mr. Chen be permitted to rely on a translator at trial.
The Court RESERVES its ruling on how interpretation time shall be assessed at trial.

Signed: 2/7/2024

2
Signed: February 7, 2024