Wailian Overseas Consulting Group, Ltd. v. New York City Regional Center, LLC

Background

The court addressed a discovery dispute concerning the scheduling and method of depositions. Wailian told the court that the parties had reached an impasse during the COVID-19 pandemic. According to Wailian, the parties had already received two extensions of the discovery schedule, and New York City Regional Center had not proposed an alternative to waiting indefinitely for in-person depositions.

The Parties’ Positions

Wailian asked that New York City Regional Center make employees with relevant knowledge available for video depositions before fact discovery closed. Wailian also said that video and in-person depositions of its witnesses were not then possible because of pandemic-related travel restrictions and Chinese-law restrictions. It proposed depositions by written examination, a process in which questions are submitted and answered in writing.

Wailian further opposed New York City Regional Center’s request to depose four additional employees, describing their roles as tangential and their testimony as cumulative and burdensome. Wailian asked the court to hold a telephone discovery conference to facilitate completion of discovery.

Ruling

In a memorandum endorsement, Judge Louis L. Stanton stated that, as the sole practicable first step, New York City Regional Center could take the depositions of Ms. He and Ms. Liu by written questions under Federal Rule of Civil Procedure 31(a)(2). The court stated that further relief could be granted upon an application showing that it was necessary and feasible after those depositions were completed. The court also stated that the discovery schedule could be adjusted accordingly.