Winthrop Resources v. CommScope, Inc.

Filing 42

ORDER granting 34 Motion to Compel. Within 30 days from entry of this Order, dft shall make Kap Kim available for deposition where he shall answer the 21 questions he was instructed not to answer as well as reasonable follo w up questions. The deposition shall take place within the Western District of NC or such other location in the US as the parties may agree. The dispositive motions deadline is extended to 9/1/2014. Signed by Magistrate Judge David S. Cayer on 7/1/2014. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:11-CV-00172-RLV-DSC
WINTHROP RESOURCES
CORPORATION,
Plaintiff,
v.
COMMSCOPE, INC. OF NORTH
CAROLINA,
Defendant.

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ORDER

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THIS MATTER is before the Court on Plaintiff’s “Motion to Compel Testimony from
[Defendant’s] Former VP and CIO Kap Kim” (document #34) and the parties’ briefs and
exhibits. See documents ##34, 38, 39, and 41.
Plaintiff seeks an order compelling Defendant’s former officer Kap Kim to answer
twenty-one deposition questions that defense counsel instructed him not to answer.
The Court has carefully considered the record, authorities and the parties’ arguments.
The questions at issue concern “matters that may have affected or changed the witness’s
testimony.” See Peralta v. Cendant Corp., 190 F.R.D. 38, 39, 41-42 (D. Conn. 1999); Wade
Williams Distribution, Inc. v. American Broadcast Companies, 2004 WL 1487702, *1-2
(S.D.N.Y. June 30, 2004). The questions involve communications occurring years after Kim’s
employment terminated and he moved to South Korea. The questions relate to deposition
preparation and matters that may have influenced his testimony. For these and the other reasons
stated in Plaintiff’s briefs, the Court will exercise its discretion and grant the Motion.

NOW THEREFORE, IT IS ORDERED that:
1.

Plaintiff’s “Motion to Compel Testimony from [Defendant’s] Former VP and CIO

Kap Kim” (document #34) is GRANTED.
2. Within thirty (30) days from entry of this Order, Defendant shall make Kap Kim
available for deposition where he shall answer the twenty-one questions he was instructed not to
answer as well as reasonable follow up questions. The deposition shall take place within the
Western District of North Carolina or such other location in the United States as the parties may
agree.
3. The dispositive motions deadline is extended to September 1, 2014.
4. The Clerk is directed to send copies of this Order to counsel for the parties, including
but not limited to moving counsel; and to the Honorable Richard L. Voorhees.
SO ORDERED.

Signed: July 1, 2014