New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration
« Back to Complex Lit Blog

Order Allowing Party to Wear a “Disguise, Mask and/or Costume” at Videotaped Deposition Overturned

Download PDF

From Bertrand v. Yellow Transp., Inc., 2010 U.S. Dist. LEXIS 52778 (M.D. Tenn. May 28, 2010):

*** Defendants ask this Court to overrule the Magistrate Judge's Order *** which refuses to prohibit Plaintiff from wearing a disguise, mask and/or costume during his videotaped deposition.... The Court can, without a doubt, state that this is an issue of first impression for this Court.

As the Magistrate Judge has noted, Plaintiff initially objected to Defendants' taking a videotaped deposition of his testimony and the Magistrate Judge ordered Plaintiff to appear for that properly-noticed deposition on October 6, 2009, at the offices of Bass, Berry and Sims in Nashville. The parties agree that Plaintiff did appear for that deposition, but he appeared "in disguise," wearing a jacket, hood, bushy afro wig, bushy mustache and beard, and large black sunglasses. Defendants argue that Plaintiff's face was completely hidden from view.

The parties dispute what requests Defendants' counsel made of Plaintiff related to his appearance and what requests Plaintiff made of Defendants' counsel. Nonetheless, it appears that Defendants' counsel "suspended" the deposition without asking Plaintiff a single question. A number of unique Motions were subsequently filed, but the issue before this Court at this time is whether to order Plaintiff to cooperate in his videotaped deposition by not appearing in a disguise.

Clearly Defendants are entitled to take the deposition of Plaintiff, an opposing party, and to use that deposition for any purpose at trial. Fed. R. Civ. P. 32(a)(3). It is essential to the proper administration of justice that dignity, order and decorum be the hallmarks of America's court proceedings. This Court would not allow a witness at trial to wear a disguise or completely cover his face. If the witness' face is entirely hidden from view, the factfinder at trial is unable to evaluate his face in judging the witness' credibility. Wearing a disguise not only violates the decorum of the courtroom, but it also impedes the factfinder's ability to judge the demeanor and appearance of the witness. Plaintiff has failed to offer any reason why wearing a disguise and/or hiding his normal or usual appearance should outweigh the importance of the Court's decorum and factfinder's ability to judge credibility.

For these reasons, Defendants' Motion for Review (Docket No. 401) is GRANTED, the Magistrate Judge's Order *** is overruled, and Plaintiff shall appear for his videotaped deposition without disguise, mask, artificial facial hair, wig, sunglasses or any other artificial covering of his face and head. The date of this deposition shall be set by the Magistrate Judge.

Share this article:

Facebook
Twitter
LinkedIn
Email

Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Archives
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

New York Office

© 2024 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice