CHICAGO-(AEAE)-NOTICES for depositions of BANK OF AMERICA former CEO Kenneth D. Lewis, Chairman, Walter E. Massey and CFO Joe L. Price and Subpoenas issued to Defense Counsel have met with a motion for a Protective Order and Request to Quash Subpoenas, asserting that the request was an “effort to harass”. “Furthermore, deposing opposing counsel is a harassing technique to impose additional costs and burdens upon Defendants."
Because of the broad scope of discovery in civil litigation, "it is exceedingly difficult to demonstrate an appropriate basis for an order barring the taking of a deposition." Naftchi v. New Fort Medical Center, etal., 172 F.R.D. 130 (S.D.NY 1997) citing, 8 Charles Alan Wright, Arthur R. Miller & Richard L. Marcus, Federal Practice and Procedure.-Civil 2D section 2037, at 494-95 (1994)(hereinafter "Wright"). "Nor, in ordinary circumstances, does it matter that the proposed witness is a busy person or professes lack of knowledge of the matters at issue, as the party seeking the discovery is entitled to test the asserted lack of knowledge."
SEE YOU IN COURT 'boys"
Because of the broad scope of discovery in civil litigation, "it is exceedingly difficult to demonstrate an appropriate basis for an order barring the taking of a deposition." Naftchi v. New Fort Medical Center, etal., 172 F.R.D. 130 (S.D.NY 1997) citing, 8 Charles Alan Wright, Arthur R. Miller & Richard L. Marcus, Federal Practice and Procedure.-Civil 2D section 2037, at 494-95 (1994)(hereinafter "Wright"). "Nor, in ordinary circumstances, does it matter that the proposed witness is a busy person or professes lack of knowledge of the matters at issue, as the party seeking the discovery is entitled to test the asserted lack of knowledge."
SEE YOU IN COURT 'boys"
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