A&E Television Networks, LLC v. Big Fish Entertainment, LLC

Background

A&E Television Networks, LLC (AETN) asked the court for relief concerning depositions during fact discovery. AETN sought an order requiring Big Fish Entertainment, LLC to produce its corporate representative, Mr. Barbagiovanni, for a deposition in New York rather than Los Angeles. AETN also asked the court either to limit the defendants to deposing specified witnesses or to limit the defendants to 10 depositions while allowing AETN to take 11 agreed-upon depositions.

Discovery Disputes

AETN argued that Big Fish’s corporate witness should be deposed in New York and that the defendants had changed their proposed witnesses. The court’s order states that the parties should have flexibility to identify, add, or subtract deponents as discovery reveals which witnesses are likely to possess relevant information. The court accepted the defendants’ position that Elaine Frontain-Bryant and Michael Feeney appeared more likely to have relevant information than other potential witnesses.

Rulings

The court denied AETN’s request for an order requiring Big Fish to produce its corporate representative for a deposition in New York. The court invited the parties to find an alternative date for Mr. Barbagiovanni’s deposition that would accommodate AETN’s travel to Los Angeles, or alternatively to conduct the deposition by Zoom.

The court also denied AETN’s request either to control which witnesses the defendants could depose or to limit the defendants to 10 depositions while allowing AETN 11. Instead, the court ordered each side to take no more than 11 depositions of witnesses of its choosing. The Clerk of Court was directed to terminate the pending motion at docket entry 90.