Summary
stating that, "while Mr. Kang's job duties do not involve regularly providing testimony and while he was not retained or specially employed to provide testimony, he is not automatically exempt from the report requirement. Courts impose the report requirement on employees who testify regarding matters outside the scope of their employment, who provide technical evaluations of evidence reviewed solely in preparation for trial, who provide opinion testimony on the merits of the case, or who have no direct and personal knowledge of the facts to which they are testifying. To the extent that Mr. Kang's testimony runs along these lines, Funai has a right to be informed about the basis of the opinions"
Summary of this case from Desrosiers v. Giddings Lewis Machine Tools LLCOpinion
No. C 04-1830 JCS (JL).
November 7, 2007
ORDER
Background
All discovery in this case was referred as provided by 28 U.S.C. § 636(b) and Civil Local Rule 72. This Court previously granted in part and denied in part Funai's motion for monetary sanctions against Daewoo and ordered Funai to submit a declaration documenting its expenses of attempting to obtain discovery and of filing and prosecuting its discovery motion, including attorney fees and costs. (Order at Docket # 354). The Court granted Funai an extension of time to submit its declaration and gave Daewoo an opportunity to respond (Docket # 373). Funai filed its pleadings in support of its motion for sanctions as ordered by the Court (Docket # 406). Daewoo objected (Docket # 474). Funai responded to Daewoo's objection (Docket # 479).
The Court has reviewed the declarations and supporting documents and the moving and opposing pleadings submitted by both sides and hereby awards to Funai the amount of $100,000 in attorney's fees and costs. This shall be paid by Daewoo to Funai within twenty days of the e-filing of this order.
IT IS SO ORDERED.