Tag Archives: Depositions

Magistrate Judge Wang: “Sheer Volume” of Deposition Objections Not Enough for Sanctions

In an opinion today, Magistrate Judge Wang denied a motion for sanctions premised on (among other things) the “sheer volume” of objections during two depositions, including, in one instance, a deposition with an objection on approximately 80% of the transcript pages. Judge Wang concluded that the number of objections alone was not enough, given that … Continue Reading

Judge Cote Rejects SEC Defendants’ Attempt to Delve Into Stale, Highly Personal Affairs of SEC Witness

In an opinion today, Judge Cote denied a motion to compel brought by the defendants in an SEC enforcement action relating to one of the SEC’s witnesses.  The defendants claimed that the witness gave inaccurate deposition testimony about having been disciplined at work for having harassed a former romantic partner, and so wanted more documents … Continue Reading

Judge Furman: Secretary of Commerce Must Sit for Deposition Over Census Citizenship Question

This week, Judge Furman ordered U.S. Secretary of Commerce Wilbur Ross Jr. to sit for a deposition in a case challenging the constitutionality of adding a question about citizenship status to the 2020 U.S. census questionnaire.  The question had not appeared on the census questionnaire since 1950; according to the complaint, the question was purposefully … Continue Reading

In Suit Over Record Label Logo, Judge Ellis Spares Jay Z From Deposition But Precludes Him from Trial Testimony

In an Order yesterday, Magistrate Judge Ellis blocked the deposition of music mogul Jay Z (Shawn Carter) in a copyright case relating to the logo for Jay Z’s record label, Roc-A-Fella.  However, the price to be paid for sparing him from the deposition was that Jay Z would not be allowed to testify at trial: … Continue Reading

Judge Scheindlin Rules That Sovereign Immunity Protects Former Israeli Security Official From Deposition

In an opinion today, Judge Scheindlin granted the State of Israel’s motion to quash, on sovereign immunity grounds, a subpoena to a former Israeli national security official, Uzi Shaya.  The underlying case accuses the Bank of China of aiding and abetting a 2006 suicide bombing in Israel, and Mr. Shaya allegedly had knowledge of the Bank … Continue Reading

Judge Scheindlin, Creating Split, Rules That Locally Served 30(b)(6) Subpoena Can Require Information Available Only From Foreign Office

In an opinion today, Judge Scheindlin ruled that Bank Hapoalim, a non-party Israeli bank, was required to produce a Rule 30(b)(6) witness to testify about information originating in Israel: Even if Hapoalim is a non-party witness and all of the documents or knowledgeable persons are in Jerusalem, compliance with the 30(b)(6) subpoena is not an … Continue Reading

“Stop the Shenanigans” Says Judge Forrest

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 … Continue Reading