Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

~ ·` Case 3:03-cv-00316-JCH Document 87 Filed O3/08/2004 Page 1 of 4
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UNITED STATES DISTRICT COURT ... 1
DISTRICT OF CONNECTICUT i' E 1... E D
““H""· CHAPMAN’Pl,,,,,,, § in an -8 A q: to
EXPERIAN INXEORMATION sanvrcns, mc., civrr Na
CHASE MANHATTAN BANK USA, N.A., ; i -. s . .
Defendants. .
March 5, 2004
DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.’ I
_ MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF’S ,
MOTION FOR A PROTECTIVE ORDER
Defendant Experian Infomation Solutions, Inc. ("Experian”) opposes Plaintiffs Motion i
for a Protective Order and any limitation or termination of Plaintiffs deposition in this matter.
During the course of Chase’s direct examination, Plaintiffs counsel directed Plaintiff not to
respond to multiple questions regarding the critical issue of damages and, after multiple threats,
terminated the deposition. At this juncture, Chase and Experian attempted to obtain a ruling
from Judge Hall (out of the plaintiffs presence) and Judge Fitzsimmons (Plaintiff refused to be
partake in the call) regarding the propriety of Plaintiffs refusal to answer and termination of the \
deposition.
Contrary to Plaintiffs assertions that Experian waived its right to question the witness, F
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Experian made multiple statements on the record indicating its desire to continue the deposition
and recognizing the Chase’s examination was ongoing. Each time Ms. Faulkner attempted to
i` force Experian to begin its examination, Chase indicated that its examination was not completed
Rik and Experian expressed its desire to continue the deposition:
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Ms. Faulkner: Okay. The deposition is over. Thank you. I
Mr. Stagg: Are you ending this deposition?
Ms. Faulkner: Yes, we are ending the deposition. _
Ms. F aulkner: Mr. Rota, do you want to take your part of the I
deposition? I
Mr. Stagg: I’m not finished. 3
Tr. atl4:16—l5:12. I
Ms. Faulkner: Mr. Rota, do you want to take your part of the ;
deposition? I
Mr. Stagg: I’m not done. I
Ms. Faulkner: You’re done. {
Mr. Rota: Mr. Stagg has the floor right now. I
Tr. at 37:25-38:5. l
Ms. Faulkner: I’m breaking up this deposition because you are
harassing him, you are oppressing him. You have asked the same
thing tive times. You have looked at him with a snear on your
face, and I don’t think that we need to tolerate this. Thank you.
Mr. Rota, would you want to go ahead?
Mr. Rota: I want to take my deposition while we are here, but Mr. I
Stagg does have the floor right now. .
Mr. Faulkner: We are done with Mr. Stagg. I
Mr. Stagg: No, Attorney Faulkner, we are not.
Tr. at 38:12-25.
Because Chase’s counsel demanded an answer to his outstanding question and a ruling g
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from Judge Hall or Judge Fitzsimmons on Plaintiffs refusal to answer, it was proper for
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Experian to yield until Chase concluded its direct examination. See Smith v. Logansport
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Community School Corp., 139 F.R.D. 637, 642 (N .D.Ind. 1991) (stating that after the party !
conducting a direct examination concludes, the other parties may begin their examination).
Dated: New York, New York i
March 5, 2004 K
DEFENDANT EXPERIAN INFORMATION
SOLUTIONS, INC. i
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Michelle M. BE £t!2543) I
JONES DAY
3 Park Plaza, Suite 1100
Irvine, CA 92014
· Telephone: (949) 851-3939 l
Facsimile: (949) 553-7539
E-Mail: [email protected]
-a_Hd-
Albert J. Rota (ct24853) E
JONES DAY ?
222 East 41st Street
New York, New York 10017
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
E-Mail: ajrota@j onesday.com
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CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing was emailed and mailed via overnight
delivery, on this 5th day of March, 2004, to:
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Joanne S. Faulkner, Esq. .
123 Avon Street 1
New Haven, CT 06511
(203) 772-0395
-and-
John C. Wirzbicki, Esq.
Brown Jacobson PC
22 Courthouse Square
P.O. Box 391 C
Norwich, CT 06360 J .
(860) 889-3321
Attorneys for Plaintgjf
Thomas E. Stagg, Esq.
Simmons, Jannace & Stagg, L.L.P.
90 Merrick Avenue
Suite 102 I
East Meadow, NY 11554
(516) 357-8100 {
Attorneys far Dekndant i
Chase Manhattan Bank USA, NA. i
Aitm J. Ram (C @7 1
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