Anees Khan v. K1 Investment Management LLC; Trackforce, Inc.

Summary

The United States District Court for the Eastern District of New York grants Defendants’ motion for a protective order barring, without prejudice, the depositions of former Trackforce executives Trevor Campion and Jeff Mills. The court concludes that Plaintiff has not shown that either proposed apex witness has sufficiently specific or unique knowledge of the disputed commission claims or counterclaims, and that other discovery sources remain available. The court permits Plaintiff to seek reconsideration if later discovery establishes that either witness is a material percipient witness.

Holdings

1. The court granted a protective order precluding the depositions of Campion and Mills at that stage of discovery because Plaintiff failed to show through specific evidence that either former executive possessed relevant, unique, personal knowledge sufficient to require their depositions.
2. The court held that the requested nonparty depositions should not proceed at that time because party depositions and other discovery had not been completed and could clarify whether Campion or Mills had relevant knowledge.

Questions Presented

1. Whether Defendants established good cause for a protective order precluding depositions of former high-ranking corporate officers who were not shown to have unique, personal knowledge of the claims, defenses, or counterclaims.
2. Whether the requested apex depositions should be deferred because the information sought could be obtained from other witnesses and party depositions had not been completed.

Disposition

other