Beddoe v. Mount Sinai Health System, Inc.

Background

Dr. Ann Marie Beddoe requested permission to take two depositions of executives employed by defendants after defendants produced additional documents at the end of the discovery period. Defendants opposed the request, arguing that the depositions were disproportionate to the needs of the case and that the executives were “APEX witnesses”—senior corporate officials who might not have information unavailable from other sources.

Beddoe alleges that defendants retaliated against her through a 2020 salary reduction after she opposed workplace gender discrimination. Fact discovery had closed on March 31, 2023, except for one deposition previously allowed to proceed on April 13. Defendants produced one additional document on March 28 and 21 more on March 31. According to Beddoe’s descriptions, emails suggested that Mount Sinai’s Chief Executive Officer, Dr. Kenneth Davis, and Chief Operating Officer, Margaret Pastuszko, were involved in decisions about her 2020 contract and compensation. Beddoe had apparently already deposed seven witnesses without the benefit of those documents.

Court’s analysis

The court applied the standard for depositions of corporate executives, considering whether the person likely had relevant knowledge, whether another source could provide the same information, the possibility of harassment, and potential business disruption. It found some likelihood that the CEO and COO possessed relevant knowledge and was not convinced that other sources could provide identical information. The court also noted that the documents were produced after almost all other employee depositions had taken place. Defendants did not suggest that Beddoe sought the depositions to harass the executives. The court stated that busy schedules or a claimed lack of unique knowledge did not by themselves justify preventing otherwise proper discovery.

Ruling

Judge Jennifer L. Rochon granted in part and denied in part Beddoe’s request. The court granted leave to depose the CEO and COO by April 28, 2023, limited to: (1) any knowledge the witnesses had of Beddoe’s alleged protected activity when they allegedly made decisions about her contract; and (2) any role the witnesses played in negotiating her contract. Each deposition was limited to one hour and had to occur at a time and location convenient for the deponent, including remotely by video if defendants chose.

Because of the order and the May 24, 2023 deadline for expert discovery, the court adjourned the May 18 post-discovery pretrial conference to June 16, 2023, at noon. It also set deadlines for the parties’ settlement-conference request, any summary-judgment premotion letters and opposition, and a joint status letter.