Owens v. FirstEnergy Corp. et al

Filing 769

ORDER granting 768 Joint Motion and Stipulation Regarding Fact Deposition Examinations in case 2:20-cv-03785-ALM-KAJ; granting 173 Joint Motion and Stipulation Regarding Fact Deposition Examinations in case 2:21-cv-05839-ALM-KAJ and granting 169 Joint Motion and Stipulation Regarding Fact Deposition Examinations in case 2:22-cv-00865-ALM-KAJ. Signed by Magistrate Judge Kimberly A. Jolson on 3/6/25. (sem)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
In re FIRSTENERGY CORP. SECURITIES
LITIGATION

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This Document Relates To:

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ALL ACTIONS

MFS Series Trust I, et al.,
Plaintiffs,
vs.
FirstEnergy Corp., et al.,
Defendants.
Brighthouse Funds Trust II – MFS Value
Portfolio, et al.,
Plaintiffs,
vs.
FirstEnergy Corp., et al.,
Defendants.

Case No. 2:20-cv-03785-ALM-KAJ
CLASS ACTION
Judge Algenon L. Marbley
Magistrate Judge Kimberly A. Jolson
Special Master Shawn K. Judge

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Case No. 2:21-cv-05839-ALM-KAJ

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Case No. 2:22-cv-00865-ALM-KAJ

ORDER

Before the Court is the parties’ Joint Motion and Stipulation Regarding Fact Deposition
Examinations. Having reviewed the unopposed joint motion and stipulation and finding good
cause, the Court ORDERS as follows:
1.

A party who wishes to question a fact witness at deposition must select one attorney

as the primary examiner, and may select another attorney as a secondary examiner.
2.

A party wishing to use a secondary examiner shall identify the secondary examiner

at or prior to the commencement of the deposition.
3.

The secondary examiner will be limited to no more than 30 minutes of questioning.

4.

The 30 minutes allotted to the secondary examiner will be included in the total nine

hours allocated to the secondary examiner’s “side” (i.e., Plaintiffs or Defendants, as the case may
be).
5.

The secondary examiner must commence their direct (or cross) examination

immediately after the primary examiner has concluded their direct (or cross) examination. No
further questioning by the primary or secondary examiner shall occur until their re-direct (or recross) examinations.
6.

The secondary examiner may reserve a portion of the 30 minutes for re-direct (or

re-cross) examination, so long as the scope of any re-direct (or re-cross) examination is limited to
the subject matter of any other party’s intervening cross, re-direct or re-cross examination, as the
case may be. The secondary examiner must commence their re-direct (or re-cross) examination
immediately after the primary examiner has concluded their re-direct (or re-cross) examination, if
any. The scope of the primary examiner’s re-direct (or re-cross) examination shall likewise be
limited to the subject matter of any other party’s intervening cross, re-direct or re-cross
examination, as the case may be.

7.

Nothing in this Order shall expand or decrease the nine hours of time (or other

mutually agreed amount of time) allocated to each “side.”
8.

As so-ordered in the Deposition Protocol, objections based on an examiner’s

questioning exceeding the permissible scope shall be reserved for a later appropriate time, and “the
only objections permissible during depositions shall be objections to ‘form’ (and such objection
shall preserve any and all objections, not limited only to the form of the question) or instructions
regarding attorney-client privilege.” (See ECF No. 309 at § G.4., PAGEID 6735.)
9.

Nothing in this Order is intended, or shall be construed, to affect examinations at

any hearing or trial.
IT IS SO ORDERED.
DATED:

March 6, 2025

DATED:

March 5, 2025

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

SHAWN K. JUDGE (0069493)
SPECIAL MASTER