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

Background

GMO Gamecenter USA, Inc. and GMO Internet Group, Inc. sought a protective order concerning Whinstone US, Inc.’s deposition of GMO executive Masatoshi Kumagai. A protective order is a court order that protects a person or party from unreasonable burden, expense, or oppression during discovery. The motion asked the court to determine the deposition’s location, date, and length.

The court had previously ordered that Kumagai’s deposition take place and had declined to pause it. The deposition had to occur by September 22, 2025. GMO asked that it take place in Tokyo, Japan, or Hawaii. Whinstone argued that it should take place in New York and continue day-to-day until completed.

Court’s analysis

The court held that the location dispute was not resolved by the earlier protective-order motion. That earlier motion sought to cancel the subpoena under the “apex doctrine,” which concerns depositions of high-level executives. The present motion raised different issues, including the deposition’s location and duration.

Federal Rule of Civil Procedure 30 generally limits a deposition to one day of seven hours, unless additional time is needed for a fair examination or circumstances delay the questioning. Because an interpreter would be required for Kumagai’s deposition, the court found that additional time was justified. It rejected Whinstone’s indefinite deposition notice and limited the deposition to two full days of seven hours each.

For location, the court noted that plaintiffs who choose the Southern District of New York generally must appear there for deposition absent compelling circumstances. But the court also recognized that this principle is not absolute, especially where a plaintiff had to bring the case in that jurisdiction because of a forum-selection clause. The court stated that the Texas Agreement required New York as the forum and that Kumagai was a hands-on executive running a large company based in Japan.

The court also relied on Whinstone’s earlier statement that it was willing to conduct Kumagai’s deposition in a more convenient location, including Los Angeles, a consulate in Japan if available, or another location in Asia. The court found Whinstone’s later effort to require New York unpersuasive and decided to hold Whinstone to that earlier representation.

Ruling

Judge Katharine H. Parker granted in part GMO’s motion. The court ordered that Kumagai’s deposition take place before September 22, 2025, over no more than two seven-hour days. Whinstone must choose either Tokyo or Hawaii, with the parties using good-faith efforts to hold the deposition on two consecutive business days. The court did not set the deposition date and directed the Clerk to terminate the motion at ECF No. 486.