Limited v. Guangzhou Batyunshan Pharmaceutical Holdings CoO.

Background

Multi Access Limited moved for an order requiring Guangzhou Wang Lao Ji Great Health Industry Co., Ltd. and Guangzhou Wang Lao Ji Great Health Enterprise Development Co., Ltd. to produce a corporate witness for additional questioning. The request concerned the 26 topics remaining from a deposition under Federal Rule of Civil Procedure 30(b)(6), which allows a party to designate a witness to testify for an organization about stated subjects. Multi Access requested eight additional hours.

Court’s reasoning

The court explained that additional deposition time may be allowed when needed for a fair examination or when the witness, another person, or another circumstance delays the examination. An organization must prepare its designated witness to provide knowledgeable answers, even when the witness lacks personal knowledge of the subjects. The court also stated that counsel may ask how the witness prepared, including conversations used to obtain information relevant to the deposition topics.

After reviewing Ms. Li’s deposition transcript, the court found that she was frequently unprepared to testify about the noticed subjects. The deposition also took additional time because an interpreter was needed. Ms. Li testified for five hours and 45 minutes, and the court found good cause for six additional hours. The defendants were ordered to properly prepare Ms. Li or another witness, with the warning that inadequate preparation could lead to an extension of the deposition or a motion for sanctions.

Rulings

Judge Lewis J. Liman granted in part Multi Access’s motion to compel the defendants to produce a witness. The defendants must produce Ms. Li or another properly prepared witness to testify about the remaining 26 topics for a total of six additional hours of questioning time. The court additionally granted Multi Access’s motion to file Exhibit B under seal. The clerk was directed to close the motions at Dkt. Nos. 266 and 267.