Opinion
Case No. 01-73892.
December 21, 2007
ORDER GRANTING DEFENDANT'S MOTION FOR LEAVE TO TAKE DE BENE ESSE DEPOSITION
Before the court is Defendant Shertech's emergency motion for leave to take the de bene esse deposition of its expert, Dr. John Holmes, filed December 17, 2007. This matter has been fully briefed.
Having reviewed Shertech's request and L W's opposition, the court GRANTS Shertech's motion, as follows. The parties may take a discovery and de bene esse video deposition of Dr. Holmes on January 6, 2008, or a mutually agreeable date. Shertech may choose to produce Dr. Holmes (1) at the office of Shertech's counsel; (2) via videoconference; or (3) in Denmark. Should Shertech choose to produce Dr. Holmes in Denmark, Shertech shall pay the reasonable expenses of Plaintiff for its attendance: (1) round-trip coach airfare to Denmark for one L W attorney; (2) food and lodging for that attorney in Denmark for a maximum of three nights; and (3) that attorney's fees for the travel time to and from Denmark. Shertech shall pay L W's expenses for airfare in advance and the remaining expenses upon receiving an invoice after the deposition. L W shall bear its own attorney fees for participation in and preparation for the deposition(s), except for travel time, as set forth above. Shertech shall be responsible for arranging for a court reporter and videographer in Denmark.
The trial will proceed as scheduled on January 29, 2008, at 9 a.m.
SO ORDERED.