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Message: Re: 2nd Pacer--ORDER (Signed by Judge HOWARD R. LLOYD) GRANTING IN PART AND DENYING

The way I read this order, and based on the definition of Civil Procedure 30(b)(6), paragraph 6 of which I have copied at the end of my post, is that the Plaintiff is responsible for travel expenses to bring those deponents already designated as persons who consent to testify on their behalf (the 17 already identified by AI, for example). The Defendants are responsible for the cost for deponents that are in addition to those already identified.

Corrections from those who are knowledgeable in the legal system are welcome (I am not).

Rule 30. Deposition by Oral Examination

(b) Notice of the Deposition; Other Formal Requirements.

(6) Notice or Subpoena Directed to an Organization.

In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination. The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. A subpoena must advise a nonparty organization of its duty to make this designation. The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.

Cheers,

DG

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