GMAC BANK, Plaintiff, v. HTFC CORP., Defendant., 248 F.R.D. 182

Summary

The purchaser's counsel had attempted to take the deposition of a deponent, the seller's chief executive officer, but the deposition had not been completed. The court found that the deponent had engaged in hostile, uncivil, and vulgar conduct during the deposition, including use of insults and profanity. The deponent also improperly interposed his own objections, which was not permitted under Fed. R. Civ. P. 30(c)(2), and he frequently refused to answer questions or provided intentionally uncooperative answers. The deponent's alleged mental illness did not justify or mitigate his behavior. The purchaser was therefore entitled under Fed. R. Civ. P. 37(a)(3)(B)(i) to have the deposition taken under a magistrate's supervision and to recover sanctions under Fed. R. Civ. P. 37(a)(5)(A) and 30(d)(2). The deponent's attorney was jointly liable for the sanctions; the attorney's failure to intercede and correct the deponent's conduct was the functional equivalent of advising the deponent's ...