Judge Robinson: Order for Sanctions Modified Where Counsel Focused Deposition Efforts on Creating Record for Motion for Sanctions Instead of Obtaining Substantive Information
In Apeldyn Corp. v. AU Optronics, Inc., C.A. No. 08-568-SLR (D. Del. Aug. 2, 2011), Judge Robinson recently modified Special Master Poppiti's order for sanctions against a party that failed to adequately prepare its Rule 30(b)(6) designees for their depositions. Id. at 3-4. Although Judge Robinson "agree[d] generally with the fact that AUO's corporate designees were inadequately prepared," she found that "Apeldyn's counsel focused their efforts to create a record for the motion it ultimately presented, rather than in obtaining the substantive information noticed." Id. at 3. Thus, the court ordered AUO "to produce one or more substitute witnesses[,]" but held that the deposition must be limited "to the ten most important [noticed] topics (as identified by Apeldyn)[,]" that the "continued deposition shall be limited to ten hours[,]" and that "Apeldyn shall be responsible for its own costs and fees in connection with the deposition[.]" Id. at 4.