Case 2:15-cv-01274-JRG-RSP Document 155 Filed 09/20/16 Page 1 of 6 PageID #: 5757
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`VOLKSWAGEN GROUP OF AMERICA, INC.
`AND VOLKSWAGEN GROUP OF AMERICA
`CHATTANOOGA OPERATIONS, LLC
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` Defendants.
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`OPPOSED MOTION FOR LEAVE TO TAKE DEPOSITION OUTSIDE
`THE FACT DISCOVERY DEADLINE
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`Pursuant to Local Rules CV-7(e) and (m), Defendants Volkswagen Group of America,
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`Inc. and Volkswagen Group of America Chattanooga Operations, LLC (collectively, “VWGoA”)
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`file this Opposed Motion for Leave to Take Deposition Outside the Fact Discovery Deadline.
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`Pursuant to the Court’s amended Docket Control Order of September 1, 2016 (Dkt. No.
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`140), the deadline to complete fact discovery is September 19, 2016. VWGoA request that the
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`Court enter an Order allowing a deposition related to VWGoA’s third-party subpoena to
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`Stillwater Designs, Inc.
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`On September 1, 2016, VWGoA issued a subpoena to Stillwater Designs, Inc., for
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`documents to be produced on September 13, 2016, and a deposition to be held on September 15,
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`Civil Action No. 2:15-cv-1274
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`LEAD CASE
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`Civil Action No. 2:15-cv-1278
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`JURY TRIAL DEMANDED
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`BLITZSAFE TEXAS, LLC
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`Plaintiff,
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`v.
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`Defendant.
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`HONDA MOTOR CO., LTD. et al
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`BLITZSAFE TEXAS, LLC
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`Plaintiff,
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`v.
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`Case 2:15-cv-01274-JRG-RSP Document 155 Filed 09/20/16 Page 2 of 6 PageID #: 5758
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`2016. Notice of the subpoena was served on counsel for Plaintiff Blitzsafe Texas, LLC
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`(“Plaintiff”) on the same day, September 1, 2016. (Ex. A.)
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`The subpoena was served on Stillwater Designs the very next day, on September 2, 2016,
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`and requested document production by September 13, 2016 and deposition on September 15,
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`2016. (Ex. B.) Stillwater Designs contacted counsel for VWGoA on September 12, 2016, stating
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`that it would be producing documents for delivery the next day, but the production would be
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`incomplete, as Stillwater Designs was unable to locate documents responsive to at least one
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`document request. (Ex. C, at 3–4.) In telephone conversations with Stillwater Designs on
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`September 13 and 14, 2016, and by email, counsel for VWGoA requested that Stillwater Designs
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`confirm that additional documents were not available, in particular from Stillwater Designs
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`employee Joseph Hobart. Counsel for VWGoA further requested the availability of the
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`designated witness for a deposition, upon completion of the document production. (Ex. C, at 2.)
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`On September 19, 2016, Stillwater Designs confirmed to counsel for VWGoA that no
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`additional materials had been located, and that the witness was available for a deposition from
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`September 19-21, 2016. (Ex. C, at 1.) VWGoA attempted to schedule the Stillwater Designs
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`deposition and document production to occur within the current discovery period, but the dates
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`on which this third-party was able to complete its response to the document subpoena and be
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`available for deposition conflicted with the due date to serve disclosures for expert witnesses and
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`to file motions to compel discovery. VWGoA confirmed with Stillwater Designs, and made
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`arrangements for, a deposition for September 21, 2016 in Stillwater, Oklahoma. VWGoA also
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`contacted counsel for Plaintiff to confirm whether Plaintiff would oppose this motion, and to
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`notify Plaintiff of the availability of the witness. Plaintiff did not respond before the end of the
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`discovery period.
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`Case 2:15-cv-01274-JRG-RSP Document 155 Filed 09/20/16 Page 3 of 6 PageID #: 5759
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`Accordingly, VWGoA seek leave to complete the discovery sought via the Stillwater
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`Designs subpoena, by taking the deposition of Stillwater Designs, no later than Wednesday,
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`September 28, 2016, at a time to be scheduled according to witness availability.
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`No other extension of discovery is being sought by this motion. The Court has not
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`extended the deadline to complete fact discovery in this case.
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`For these reasons, VWGoA respectfully request that the Court grant this motion and grant
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`leave for VWGoA to take the deposition of Stillwater Designs.
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`Dated: September 20, 2016
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`________
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`Respectfully submitted,
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`By: /s/ Peter Kerr
`Deron R. Dacus
`Texas State Bar No. 00790553
`Peter A. Kerr
`Texas State Bar No. 24076478
`THE DACUS FIRM, P.C.
`821 ESE Loop 323
`Suite 430
`Tyler, TX 75701
`Telephone: (903) 705-1117
`Facsimile: (903) 581-2543
`Email: ddacus@dacusfirm.com
`Email: pkerr@dacusfirm.com
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`Michael J. Lennon (admitted pro hac vice)
`Sheila Mortazavi (admitted pro hac vice)
`Michael S. Turner (to be admitted pro hac vice)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Telephone: (212) 425-7200
`Facsimile: (212) 425-5288
`Email: mlennon@kenyon.com
`Email: smortazavi@kenyon.com
`Email: mturner@kenyon.com
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`Susan A. Smith (admitted pro hac vice)
`KENYON & KENYON LLP
`1500 K Street, N.W.
`Washington D.C. 20005
`Telephone: (202) 220-4200
`Facsimile: (202) 220-4201
`Email: ssmith@kenyon.com
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`Case 2:15-cv-01274-JRG-RSP Document 155 Filed 09/20/16 Page 4 of 6 PageID #: 5760
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`Attorneys for Defendants VOLKSWAGEN
`GROUP OF AMERICA, INC. and
`VOLKSWAGEN GROUP OF AMERICA
`CHATTANOOGA OPERATIONS, LLC
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`Case 2:15-cv-01274-JRG-RSP Document 155 Filed 09/20/16 Page 5 of 6 PageID #: 5761
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`CERTIFICATE OF CONFERENCE
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`Pursuant to Local Rule CV-7(h), Michael Turner, counsel for VWGoA, and Alessandra
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`Messing, counsel for Blitzsafe, conferred telephonically on September 19, 2016. Counsel for
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`Blitzsafe stated that she would communicate Blitzsafe’s position shortly thereafter. Counsel for
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`VWGoA sent two follow up e-mails to counsel for Blitzsafe seeking Blitzsafe’s position.
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`However, at the time of filing, counsel for Blitzsafe had not responded as to whether Blitzsafe
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`was opposed or unopposed to VWGoA’s Motion and the relief requested. Accordingly, in
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`consideration of the closing of the fact discovery period, VWGoA filed its Motion as opposed.
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`On September 20, 2016, after the Court’s Notice of Deficiency that the Motion did not
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`include a Certificate of Conference, counsel for Blitzsafe confirmed with counsel for VWGoA
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`that the Motion is opposed.
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` /s/ Michael S. Turner
` Michael S. Turner
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`Case 2:15-cv-01274-JRG-RSP Document 155 Filed 09/20/16 Page 6 of 6 PageID #: 5762
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`CERTIFICATE OF SERVICE
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`I hereby certify that on September 20, 2016 a copy of the foregoing document was filed
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`electronically in compliance with Local Rule CV-5(a). Therefore, this document was served on
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`all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A).
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` /s/ Peter Kerr
` Peter Kerr
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