United States of America ex rel. Uri Bassan v. Omnicare, Inc.
- Colleen McMahon
- 1:15-cv-04179
- U.S. District Court · Southern District of New York
- 3
In United States ex rel. Bassan v. Omnicare, Judge Figueredo extended the deadline for corporate depositions to April 30, 2023.
The United States, Omnicare, Inc., and CVS Health Corp.; the order also concerned the timing of expert reports and Rule 30(b)(6) testimony.
What happened
In United States ex rel. Bassan v. Omnicare, the United States asked to extend the deadline for depositions of witnesses designated to testify for Omnicare and CVS on specified topics. The Government said delays had prevented it from taking any of those depositions before the existing April 1 deadline.
The Government argued that completing the depositions in April was necessary so its experts could review the testimony before their reports were due on May 3 and May 14. It also asked the court to require Omnicare and CVS to make all designated witnesses available during April. The defendants objected and proposed moving the deposition deadline to June 5.
The court granted the Government’s request to extend the interim deadline to April 30, 2023. The order, entered by Judge Valerie Figueredo, does not expressly state a ruling on the separate request to compel the defendants to schedule all depositions by that date.
The detailed version
- United States of America ex rel. Uri Bassan v. Omnicare, Inc. · No. 1:15-cv-04179
- Colleen McMahon
- Apr. 3, 2023
Background
The United States sought additional time to complete depositions under Federal Rule of Civil Procedure 30(b)(6). Those depositions concern witnesses designated to testify on behalf of an organization about specified subjects. The requested depositions involved defendants Omnicare and CVS.
A prior discovery order set April 1, 2023, as an interim deadline for completing this testimony. The Government stated that it had proposed deposition dates in March and had repeatedly asked the defendants to identify witnesses and provide information about their locations and availability. According to the Government, Omnicare did not provide that information until March 29, and CVS had not provided a witness designation, date, or location by the time of the request.
The parties’ positions
The Government asked to extend the deadline to April 30 and requested an order requiring the defendants to schedule all Rule 30(b)(6) depositions during April. It argued that the depositions were important because its expert reports were due May 3 and May 14, and the experts needed time to consider the deposition testimony.
The Government said Omnicare had proposed scheduling most pharmacy-level testimony during the first two weeks of May and that the defendants had proposed moving the deposition deadline to June 5. The Government argued that this timing would prevent its experts from considering relevant testimony in their reports. The defendants objected to the Government’s request and stated that they intended to respond within three business days.
Ruling
Judge Valerie Figueredo granted the Government’s request for an extension of the interim deadline for completing the defendants’ Rule 30(b)(6) depositions to April 30, 2023. The order provided in the text expressly addresses and grants the extension request. It does not expressly state whether the separate request requiring the defendants to make all Rule 30(b)(6) witnesses available by April 30 was granted or denied.
Disposition
The Government’s request for an extension of the interim deposition deadline was granted. The supplied order does not state an additional disposition for the request to compel scheduling of all depositions by April 30.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.