In an order dated yesterday, Judge Forrest came down hard on unnamed counsel in Realtime Data v. Morgan Stanley, et al. for their behavior at depositions. The two page order starts, “Stop the shenanigans at depositions. Period.” Judge Forrest goes on to ask to see the videotape, if available, of one particular deposition, and states that “[if] the conduct evidenced by the transcript is shown to be true–and it is as nasty as it appears–this Court will consider sanctions.” Full text of the order after the break.
1. Stop the shenanigans at depositions. Period. This Court has no patience for behavior like that exhibited at the deposition of Marc Batten (as well as others that have been brought to the Court’s attention). It is unnecessary and unacceptable.
2. Is there a videotape of the Batten deposition? If so, please provide it to the Court immediately on a CDROM/DVD. 3. The Court is disturbed by the conduct of counsel at the deposition of Mr. Batten. All defense counsel should limit themselves to the single word “Objection,” or the phrase “Privileged, instruct not to answer.” Any other need for colloquy should be brought to the Court’s attention immediately (including during the course of the deposition) . 4. If there is a videotape of the Batten deposition and the conduct evidenced by the transcript is shown to be true–and it is as nasty as it appears–this Court will consider sanctions.