GMO Gamecenter USA, Inc. v. Whinstone US, Inc.

Background

GMO Gamecenter USA, Inc. and GMO Internet Group, Inc. asked the court to resolve a dispute about the deposition of Masatoshi Kumagai. The deposition notice identified a single day and a New York location. GMO requested an order allowing the deposition to occur at the U.S. Embassy in Tokyo on September 24 and 25, with no more than seven hours of recorded testimony, or alternatively in Hawaii on specified dates in September.

GMO argued that Whinstone had previously represented that it was willing to hold the deposition in Japan, Los Angeles, or another location in Asia. GMO said it offered dates in Tokyo and later offered flexible dates in Hawaii, but Whinstone rejected those options and insisted on a two-day deposition in New York. GMO also argued that the federal rules presumptively limit a deposition to one day and seven hours, and that the witness’s convenience favored Japan or Hawaii.

Whinstone’s position, as described in the filing, was that the deposition should proceed in New York over two days. Whinstone relied on the prior deposition notice, the parties’ alleged practice of conducting GMO executives’ depositions in New York, and the need for additional time because Mr. Kumagai would require an interpreter. The filing also states that an earlier court ruling required Mr. Kumagai’s deposition to go forward and that a later order directed the parties to find a mutually convenient time.

What the Court Ordered

The document does not resolve the parties’ dispute about the deposition’s location, dates, or length. Instead, it states: “Whinstone shall respond to this letter by August 22, 2025.” The response must include the names of the attorneys who will take the deposition and/or attend it. The order is signed “SO ORDERED” by Katharine H. Parker, United States Magistrate Judge.