Odermatt v. The Mount Sinai Hospital

Background

The Mount Sinai Hospital filed a motion seeking remedies for alleged misconduct by Emily Odermatt during her deposition. The requested remedies included sanctions, an order requiring Odermatt to obtain court permission before filing additional letter motions, and an order requiring her to follow the applicable rules. The court gave Odermatt an opportunity to respond and directed her to send any response and supporting materials to chambers. The court stated that it had not received a response.

Mount Sinai alleged that Odermatt recorded her deposition without giving prior notice, violating Federal Rule of Civil Procedure 30(b)(3)(B). That rule permits a party to use an additional method of recording deposition testimony only with prior notice to the deponent and the other parties. Mount Sinai also alleged that Odermatt perjured herself, meaning gave false testimony under oath, by testifying that she was not recording the deposition.

Court’s analysis

The court concluded that Odermatt’s failure to give prior notice before recording the deposition violated Rule 30(b)(3)(B). The court also stated that she appeared to have perjured herself when she testified that she was not taping the deposition. The court emphasized that representing herself did not excuse her from complying with the Federal Rules of Civil Procedure and other applicable law.

The court nevertheless declined to impose the requested sanctions. It relied on Odermatt’s self-represented status and the absence of any argument that Mount Sinai was prejudiced by her conduct. The court distinguished cases cited by Mount Sinai because those cases involved more serious or extensive misconduct.

The court directed Odermatt not to publish the unnoticed video recording, use it in future court filings, or otherwise offer it as evidence in the case. The court also declined to require her to obtain approval before filing future letter motions, particularly because discovery had ended and the case was proceeding toward dispositive motions. A dispositive motion asks the court to resolve some or all of the case without a trial.

Disposition

The court denied Defendants’ motion for sanctions. It declined to impose the requested preapproval requirement for future letter motions, directed Odermatt not to publish or use the deposition recording as described, and reminded her to comply with the federal rules, the applicable local rules for the Southern and Eastern Districts of New York, and the court’s individual practice rules.