From Casetext: Smarter Legal Research

In re Universal, S.A. Sec. Litig.

United States District Court, S.D. New York
Dec 29, 2004
No. 02 Civ. 5571 (RJH) (S.D.N.Y. Dec. 29, 2004)

Opinion

No. 02 Civ. 5571 (RJH).

December 29, 2004


MEMORANDUM OPINION AND ORDER


On November 2, 2004, plaintiffs served Vivendi with a Notice of Deposition pursuant to Fed.R.Civ.P. 30(b)(6) requesting that Vivendi designate for testimony the person or persons most knowledgeable about certain aspects of Vivendi's information technology systems. By letter dated December 13, 2004, plaintiffs ask the Court to compel Vivendi to produce those employees for deposition in the United States pursuant to the Federal Rules of Civil Procedure. In response, Vivendi notes that it has already designated two information technology employees to testify, both of whom work and reside in France. Thus, Vivendi argues that the 30(b)(6) depositions should be conducted in France pursuant to Chapter II of the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (the "Hague Convention").

Although "[t]he Hague Convention is not the exclusive means for obtaining discovery from a foreign entity," First Am. Corp. v. Price Waterhouse LLP, 154 F.3d 16, 21 (2d Cir. 1998), courts are free to determine based on the facts of a particular case that it is "more appropriate to take discovery abroad under the Hague Convention." Madanes v. Madanes, 199 F.R.D. 135, 140 (S.D.N.Y. 2001). Under Rule 30(b)(6), there is a general "presumption that the deposition of a [witness] will take place at the location of the [witness'] residence." Six West Retail Acquisition v. Sony Theatre Management Corp., 203 F.R.D. 98, 107 (S.D.N.Y. 2001). Plaintiffs have not demonstrated circumstances sufficient to justify departing from that presumption in this case. Both parties are well positioned to bear whatever cost and inconvenience is associated with taking depositions abroad, and plaintiffs offer no further justification for their argument that depositions should be conducted in the United States.

Accordingly, the Court holds that the employees previously designated by Vivendi in response to plaintiffs' November 2, 2004 Notice of Deposition shall be deposed in France pursuant to Chapter II of the Hague Convention. Such depositions shall be conducted at the earliest reasonable opportunity.

SO ORDERED.


Summaries of

In re Universal, S.A. Sec. Litig.

United States District Court, S.D. New York
Dec 29, 2004
No. 02 Civ. 5571 (RJH) (S.D.N.Y. Dec. 29, 2004)
Case details for

In re Universal, S.A. Sec. Litig.

Case Details

Full title:IN RE VIVENDI UNIVERSAL, S.A. SECURITIES LITIGATION

Court:United States District Court, S.D. New York

Date published: Dec 29, 2004

Citations

No. 02 Civ. 5571 (RJH) (S.D.N.Y. Dec. 29, 2004)

Citing Cases

Tiffany (NJ) LLC v. Andrew

Accordingly, I conclude that the Banks have demonstrated that the State Department website language should no…

In re Universal, S.A. Sec. Litig.

It is beyond cavil that "the Hague Convention is not the exclusive means for obtaining discovery from a…