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Judge Robinson: Order for Sanctions Modified Where Counsel Focused Deposition Efforts on Creating Record for Motion for Sanctions Instead of Obtaining Substantive Information

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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.


Apeldyn Corp. v. AU Optronics, Inc., C.A. No. 08-568-SLR (D. Del. Aug. 2, 2011)

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