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Robert B. Corris S.C.
Attorney at Law
Lake Country Office/ Mailing Address
W309 N6399 Lakeview Lane
Suite 100
Hartland, WI 53029
Milwaukee Office
735 North Water Street
Suite 1440
Milwaukee, WI 53202
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CASE OF THE MONTH
Forst v. Smithkline Beecham Corp.,
2008 WL 473856, No. 07-CV-612 (E.D. Wis. Feb. 20, 2008) and
Schmude v. Tricam Industries, inc., 2008 WL 73319, No. 07-C-457
(E.D. Wis. Jan. 7, 2008) address discovery-related issues. In Forst,
the parties submitted a stipulated protective order for
confidentiality of materials. Discussing Fed.R.Civ.P. 26(c), General
L.R. 79.4(c) and Civil L.R. 26.4, the court declined to enter the
order. Although the order set forth a “properly demarcated category
of legitimate confidential information,” the order did not provide
that “any interested member of the public” could challenge the
sealing of documents. The order also impermissibly permitted a party
to file documents under seal without first moving for leave to file
the documents under seal. In Schmude, the plaintiff moved to quash a
videotaped trial deposition. Plaintiff had scheduled a discovery
deposition of defendant’s expert, and defendant scheduled a trial
deposition for later in the day. Plaintiff complained that he would
not have sufficient time to prepare for the trial testimony. The
expert had already submitted 3 expert reports. The court concluded
that as long as counsel was allowed an appropriate break of 30-45
minutes, the trial deposition could proceed. If new information were
to emerge in the discovery deposition, the plaintiff could renew his
request for a delay in the trial deposition, and if the defendants
refused, the plaintiff could request partial or complete exclusion
of the deposition at trial. |
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