Kimberly-Clark Worldwide, Inc. v. First Quality Baby Prods., LLC

Kimberly-Clark Worldwide, Inc. v. First Quality Baby Prods., LLC

Opinion

ORDER

Defendants First Quality Baby Products, LLC, and First Quality Retail Sales, LLC (collectively "First Quality") move, pursuant to Civil L.R. 7(h), for an order compelling Plaintiffs Kimberly-Clark Worldwide, Inc., and Kimberly-Clark Global Sales, LLC (collectively "K-C") to provide 30(b)(6) witnesses. (Dkt. 389.) In particular, First Quality seeks Fed. R. Civ. P. 30(b)(6) witnesses capable of testifying about thirteen documents produced by K-C that relate to price elasticity and market research.

Fed. R. Civ. P. 30(b)(6) permits a party to name as a deponent "a public or private corporation" such as K-C. The rule further requires the named organization to designate an agent to testify on the organization's behalf. Fed. R. Civ. P. 30(b)(6). Moreover, the "persons designated [by the given organization] must testify about information known or reasonably available to the organization." Id. The rule requires the party seeking information to "describe with reasonable particularity the matters for examination." Id.

Here First Quality argues that K-C has failed to produce a witness to testify about thirteen  [*4] so-called "Market Documents." First Quality contends these documents relate to four topics First Quality identified in its 30(b)(6) notice: Topic 52 (demand), Topic 57 (the training pants market), Topic 65 (pricing strategy), and Topic 87 (authentication).

First Quality's 30(b)(6) Notice of Topic 52 asked for a witness to testify as to:

The demand, market, and market share for nonrefastenable disposable training pants, disposable diapers, and nonrefastenable youth pants, including as compared to refastenable training pants; and the circumstances under which nonrefastenable products are substitutes for refastenable training pants. This topic includes but is not limited to conversations with retailers (e.g., Wal-Mart, Walgreen, Rite Aid, Target) concerning their desire for refastenable or nonrefastenable private label training pants.

(K-C's Objections First Quality's Notice of 30(b)(6) Deposition.) K-C objected to this topic as being overbroad. As for Topic 57 First Quality sought a knowledgeable deponent on:

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.