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Griggs v. Vanguard Grp., Inc.

United States District Court for the Western District of Oklahoma

June 20, 2019, Decided; June 20, 2019, Filed

Case No. CIV-17-1187-SLP

Opinion

ORDER

Before the Court is Plaintiff's Motion to Compel regarding Rule 30(b)(6) Deposition Notices [Doc. No. 48]. It is at issue. See Resp., Doc. No. 66; Reply, Doc. No. 71. Also before the Court is Defendants' Cross-motion for Protective Order Under [Rule] 26(c) and [Local Rule] 7.1(c) [Doc. No. 67], which is likewise at issue. See Resp., Doc. No. 73.

After Defendants removed this case from state court to this Court, they requested that Plaintiff's claims against Vanguard Marketing Corp. be compelled to Financial Industry Regulatory Authority ("FINRA") arbitration and that Plaintiff's claims against Vanguard Group, Inc. [*2]  be dismissed. Plaintiff then put the "making" of the alleged arbitration agreements at issue, so the Court authorized limited-scope discovery in advance of the determination required by 9 U.S.C. § 4. See Order of Oct. 31, 2018, Doc. No. 27. The only question on which discovery has been authorized in this case is whether Mr. Bertschinger lacked mental capacity to enter into the arbitration clauses at issue—which were executed by Mr. Bertschinger on August 11, 1999 and on September 4, 2001. See Doc. Nos. 10-2, 10-4. The Court also previously found Defendants' knowledge in August 1999 and September 2001 of Mr. Bertschinger's mental capacity to enter into the arbitration clauses at issue to be relevant to the overall issue of mental capacity on which discovery has been authorized. See Order of June 18, 2019, Doc. No. 74. The instant motions address Plaintiff's requested deposition(s) of Defendants' Rule 30(b)(6) designee(s), including the location for the deposition(s) and the topics to be covered during the deposition(s).

I. Relevant discovery standards

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2019 U.S. Dist. LEXIS 103343 *

JANE B. GRIGGS, as Personal Representative of the Estate of Richard O. Bertschinger, Sr., deceased, Plaintiff, v. THE VANGUARD GROUP, INC., and VANGUARD MARKETING CORP., Defendants.

Prior History: Griggs v. Vanguard Group, 2019 U.S. Dist. LEXIS 119222 (W.D. Okla., May 7, 2019)

CORE TERMS

Defendants', deposition, designee, travel, protective order, discovery, deponents, motion to compel, mental capacity, employees, noticed, principal place of business, reasonably available, designate, factors, parties, communications, arbitration, quotation, distance, deposed, favors, costs, marks