UNITED STATES DISTRICT COURT Northern District of California
December 19, 2012
RICK JAMES, BY AND THROUGH THE JAMES
AMBROSE JOHNSON, JR., 1999 TRUST, HIS SUCCESSOR IN INTEREST, INDIVIDUALLY AND ON REGARDING JOINT BEHALF OF ALL OTHERS SIMILARLY SITUATED,
UMG RECORDINGS, INC., A DELAWARE CORPORATION, DEFENDANT.
The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge
DISCOVERY DISPUTE LETTER Re: Dkt. No. 139
In these putative class action lawsuits, Plaintiffs (who are recording artists and producers) 12 allege that they were underpaid royalties owed to them under written contracts with Defendant (a record company). On December 19, 2012, the parties filed another joint discovery dispute letter, this circumstances, [a Rule] 30(b)(6) designee may also be deposed in his or her individual capacity. S S
time regarding depositions. Dkt. No. 139. In the letter, Plaintiffs request that the Court order 15 Defendant to produce its Federal Rule of Civil Procedure 30(b)(6) deposition witness without a 16 precondition that the same deponent cannot later be deposed in their individual capacity. "In some
18 Because 'methods of discovery may be used in any sequence, [Fed. R. Civ. P. 26(d), a witness may 19 be deposed either prior to or following his or her testimony as [a Rule] 30(b)(6) designee." AG-
20 Innovations, Inc. v. United States, 82 Fed. Cl. 69, 81 (Fed. Cl. 2008). Thus, the Court finds Plaintiffs 21 may properly depose a witness twice - once in their Rule 30(b)(6) capacity and once in their 22 individual capacity. If the parties have any disputes regarding specific deposition topics and/or 23 whether any deposition topics are duplicative, they shall meet and confer and file another joint letter. 24 IT IS SO ORDERED. 25 26 Dated: December 20, 2012 27
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