Donna L. Huffman v. Forest River, Inc.

Summary

The United States District Court for the District of Kansas denies pro se plaintiff Donna L. Huffman’s motion for findings of deposition misconduct and sanctions under Federal Rule of Civil Procedure 30(d)(2). The court finds that defense counsel made some improper speaking objections and engaged in conduct that impeded or frustrated the deposition, but declines to impose sanctions because both sides engaged in improper conduct and the plaintiff delayed bringing the dispute to the court’s attention.

Holdings

1. Defense counsel's speaking objections were not concise and suggested answers to the witness, constituting improper coaching and conduct that impeded, delayed, or frustrated the fair examination of the witness.
2. Sanctions under Rule 30(d)(2) are discretionary rather than mandatory, even when deposition conduct impedes, delays, or frustrates the fair examination of a witness.
3. Sanctions and cost-shifting were unwarranted because both sides engaged in improper and antagonistic conduct and Plaintiff delayed seeking a discovery conference or other court intervention.

Questions Presented

1. Whether defense counsel's speaking objections and other conduct during the deposition violated Federal Rule of Civil Procedure 30 and the District of Kansas Deposition Guidelines.
2. Whether sanctions or cost-shifting under Federal Rule of Civil Procedure 30(d)(2) were warranted in light of defense counsel's conduct, Plaintiff's own conduct, and Plaintiff's delay in seeking court intervention.

Disposition

denied