Baring Industries, Inc. v. Rosen
- Analisa Torres
- 1:24-cv-05606
- U.S. District Court · Southern District of New York
- 3
In Baring Industries v. Rosen, Judge Netburn granted more discovery time and set deposition requirements without deciding the case’s merits.
Baring Industries, Inc., Jared Rosen, the other defendants, and the identified current, former, and non-party deposition witnesses.
What happened
Baring Industries, Inc. v. Rosen concerns discovery disputes in which the defendants requested more time to complete discovery, and the plaintiff filed several discovery-related motions. The opinion does not describe the underlying claims.
The court granted the defendants’ request. Fact discovery must finish by September 28, 2025, and expert discovery by October 30, 2025. The court also required Baring Industries to produce Michael Fitzgibbon and Jim Turner for depositions in the Southern District of New York, while defendants and non-party witnesses generally must be deposed where they reside or do business, unless the parties agree otherwise or the court permits remote depositions. A conference was scheduled to address other discovery motions, and defendants must respond regarding Donald Durward’s proposed deposition.
Judge Sarah Netburn issued the order on July 10, 2025. The order terminated the motions at ECF Nos. 59 and 64 and stated that the discovery deadlines would not be extended again.
The detailed version
- Baring Industries, Inc. v. Rosen · No. 1:24-cv-05606
- Analisa Torres
- July 10, 2025
Background
Defendants filed a letter motion seeking an extension of time to complete discovery. Baring Industries, Inc. did not oppose that motion. The plaintiff also filed three letter motions concerning discovery, at ECF Nos. 54, 56, and 64. Defendants filed a letter motion requesting a conference, at ECF No. 62.
Rulings on discovery deadlines
The court granted the defendants’ motion for an extension. The new deadline for completing fact discovery is September 28, 2025. The new deadline for completing expert discovery is October 30, 2025. The order states that these deadlines will not be extended again.
Deposition locations
The court directed the parties to file a joint letter by July 14, 2025, confirming the dates and locations of depositions. It ruled that Baring Industries must produce its employees for depositions in New York and may not require defendants to pay the expense of traveling to different locations to depose those representatives. The court specifically deemed Michael Fitzgibbon an employee of Baring Industries and ordered that he, along with Jim Turner, be produced for deposition in the district.
The court stated that defendants and non-party witnesses generally must be deposed in the district where they reside or conduct business. The parties may instead jointly agree, or one party may seek court permission, to conduct a deposition by videoconference. The parties had agreed that Jennifer Hendrick and Jack Bowling, identified as Baring Industries’ former employees, could be deposed remotely.
Remaining discovery dispute and disposition
Regarding Donald Durward, the court ordered defendants to file a response of no more than two pages addressing Baring Industries’ argument that his deposition would be improper under the “apex doctrine,” a rule that can limit depositions of high-level officials in some circumstances. The court scheduled a discovery conference for July 23, 2025, at 10:30 a.m. to address the listed discovery motions. The Clerk was requested to terminate the motions at ECF Nos. 59 and 64. Judge Sarah Netburn did not decide the merits of the underlying case in this discovery order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.