Opinion
No. 02 Civ. 5571 (RJH).
December 29, 2004
MEMORANDUM OPINION AND ORDER
On November 2, 2004, plaintiffs served Vivendi with a Notice of Deposition pursuant to Fed.R.Civ.P. 30(b)(6) requesting that Vivendi designate for testimony the person or persons most knowledgeable about certain aspects of Vivendi's information technology systems. By letter dated December 13, 2004, plaintiffs ask the Court to compel Vivendi to produce those employees for deposition in the United States pursuant to the Federal Rules of Civil Procedure. In response, Vivendi notes that it has already designated two information technology employees to testify, both of whom work and reside in France. Thus, Vivendi argues that the 30(b)(6) depositions should be conducted in France pursuant to Chapter II of the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (the "Hague Convention").
Although "[t]he Hague Convention is not the exclusive means for obtaining discovery from a foreign entity," First Am. Corp. v. Price Waterhouse LLP, 154 F.3d 16, 21 (2d Cir. 1998), courts are free to determine based on the facts of a particular case that it is "more appropriate to take discovery abroad under the Hague Convention." Madanes v. Madanes, 199 F.R.D. 135, 140 (S.D.N.Y. 2001). Under Rule 30(b)(6), there is a general "presumption that the deposition of a [witness] will take place at the location of the [witness'] residence." Six West Retail Acquisition v. Sony Theatre Management Corp., 203 F.R.D. 98, 107 (S.D.N.Y. 2001). Plaintiffs have not demonstrated circumstances sufficient to justify departing from that presumption in this case. Both parties are well positioned to bear whatever cost and inconvenience is associated with taking depositions abroad, and plaintiffs offer no further justification for their argument that depositions should be conducted in the United States.
Accordingly, the Court holds that the employees previously designated by Vivendi in response to plaintiffs' November 2, 2004 Notice of Deposition shall be deposed in France pursuant to Chapter II of the Hague Convention. Such depositions shall be conducted at the earliest reasonable opportunity.
SO ORDERED.