Veracity Group, Inc. et al v. Cooper-Atkins Corporation, Inc.

Filing 53

ORDER resulting from discovery conference. Signed by Magistrate Judge Stephanie K. Bowman on 4/8/13. (jl1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

VERACITY GROUP, INC., et al.,

Case No. 1:11-cv-526

Plaintiffs,

Black, J.
Bowman, M.J.

v.

COOPER ATKINS CORP., INC.,
Defendant.
ORDER
At the request of the defense counsel, a telephonic hearing concerning an
ongoing discovery dispute was held at 3:00 p.m. on April 8, 2013.

Prior to the

conference, the parties were invited to transmit by email informal memoranda for the
benefit of the Court, not to be filed of record. Michael Scheier and Thomas Hankinson
participated on behalf of Plaintiffs; Susan Grogan Faller and Monica Dias participated
on behalf of Defendant Cooper Atkins, and Lynda Roesch participated on behalf of
Counter Defendant Christopher Hauck. The Court having reviewed the parties’ written
submissions, and having heard oral argument, IT IS ORDERED:
1. The Court declines to compel Christopher Hauck to appear for deposition
prior to the court-facilitated settlement conference scheduled for April 30, 2013. Subject
to the representations of defense counsel that their roles will be divided between
technical software development issues and non-technical questions, Mr. Morriss and
Ms. Grogan Faller will be permitted to jointly question Mr. Hauck when he is available in
May or early June;

2.

The Court declines to compel David Duran to appear for deposition in

Cincinnati on April 11 or April 12. The Court anticipates that Plaintiffs will immediately
advise Defendants of Mr. Duran’s availability in San Diego in April following Mr. Duran’s
meeting with his new employer on April 9, and that Mr. Duran will be made available
prior to the settlement conference. To the extent that Defendant seeks to convene the
deposition in Cincinnati and Mr. Duran is willing (or prefers) to travel to Cincinnati,
Plaintiffs need not share Mr. Duran’s travel expenses.

s/ Stephanie K. Bowman
Stephanie K. Bowman
United States Magistrate Judge

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