ADYB Engineered For Life, Inc. v. Edan Administration Services LTD.

Background

The parties submitted a joint letter about a discovery dispute involving scheduled depositions. ADYB said its chief executive, Hananya Cohen, had become seriously ill and could not be deposed until his doctor allowed it. ADYB stated that it had provided defendants with doctors’ notes, had offered to provide a certified translation of a fuller doctor’s letter and medical records for private court review, and had committed to keeping defendants informed about Cohen’s condition.

ADYB said defendants had refused to produce their three party witnesses and had canceled a deposition of ADYB’s chief technology officer. ADYB asked the court to review Cohen’s medical information privately, order defendants to produce their witnesses and complete previously noticed depositions within the existing schedule, and consider sanctions under Federal Rule of Civil Procedure 37(d), including reasonable expenses and attorney’s fees.

Defendants asked for permission to seek an order under Rule 37 requiring Cohen to participate promptly in a video deposition and requiring that his deposition occur before defendants’ and non-party witnesses’ depositions. Defendants argued that the doctors’ notes were too general, did not explain why Cohen could not participate from home by video, and did not support delaying the deposition for three months. They requested a detailed affidavit from Cohen’s doctor, medical records and test results, certified English translations, and an opportunity for their own doctor to review the materials and examine Cohen.

Court’s action

The court ordered a telephone hearing on the discovery dispute for August 13, 2020, at 11:30 a.m. It also ordered ADYB to provide the court, by email to chambers, with a certified translation of the full doctor’s letter describing Cohen’s condition and all relevant medical records for private review. The order states that these materials were due on April 11, 2020.

The order did not grant or deny ADYB’s requested sanctions, compel Cohen’s deposition, order defendants to produce their witnesses, or decide the parties’ underlying claims. Judge J. Vyskocil’s order addressed discovery and scheduled further proceedings.