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ANOTHER ONE FOR THE DISCOVERY BOOKS: Court Limits Scope of 30(b)(6) Deposition in Class Action to Plaintiff’s Claims

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A bit of deposition drama in the Northern District of California recently. In Kinzer v. Lifeaid Bev. Co., No. 21-cv-05589-EJD (VKD), 2021 U.S. Dist. LEXIS 237052 (N.D. Cal. Dec. 9, 2021), the Plaintiff, Mr. Kinzer, brought a putative class action, alleging that LifeAid Beverage Company contacted him, and the class, while his number was on the national Do-Not-Call registry. As relevant background, in mid-October, the Court determined that discovery in the case would be phased, with the first phase relating only to the merits of Plaintiff’s individual claim. All other discovery was ordered to be stayed until January 28, 2022.

However, Mr. Kinzer issued a 30(b)(6) deposition notice on LifeAid, which sought examination on a large number of topics, many of which were a bit broader than discovery relating to Plaintiff’s individual claim. LifeAid challenged this deposition notice on the grounds that much of the topics seeking examination were related to class discovery and not Plaintiff’s individual claims. The Court agreed, for the most part, and provided a detailed topic-by-topic breakdown of what Plaintiff was allowed to examine LifeAid’s 30(b)(6) witness on.

Specifically, the Court held that:

Thus, the Court pretty much shut down all of Mr. Kinzer’s attempts to seek some premature class discovery (and axed most of his 30(b)(6) topics in the process). Yet, it’s worth noting that LifeAid didn’t win every argument they set out to make—and testimony squarely related to Plaintiff’s individual claim was all fair game.

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