Not for official use.
0:00:01
Stabby: Hello, Mr. Edmondson.
Edmondson: Hey, David. How are you doing?
Stabby: Hi. So let's get this out of the way. And before we begin, I just wanted to let you know I'm going to be recording this call for my legal protection. This is a notice, not a request for permission. All right. All right.
Stabby: So, you said, either it was you or your secretary, somebody on your side said that you were intending to file a motion, not just for an extension of time to respond to the discovery, but a motion for a protective order. So, would you like to explain to me what exactly is the basis for that?
0:00:37
Edmondson: Well, I asked you for an extension of time, and you wouldn't give it to me.
Stabby: Well, yeah, but I mean, a protective order is a much more sweeping thing than just a one-off extension.
Stabby: It's like, a protective order is designed to, like, limit my discovery rights going forward.
Edmondson: Well, it's going forward for the next three weeks.
0:01:11
Stabby: But I mean, what is the basis for you thinking that that just because I don't agree that you need an extension? I mean, I understand you want one, but I disagree that you need one.
Stabby: So what is the basis for the protective order?
Edmondson: Okay.
Stabby: Huh? Can you speak up, please?
Edmondson: Yeah, I'm speaking up.
Edmondson: There's some sort of feedback on your phone.
Stabby: Some sort of... I mean, I'm not... I don't... Okay, am I breaking up to you?
0:01:51
Edmondson: You sound great.
Stabby: Okay, anyway...
Stabby: Like, you say you need this extension because of the upcoming trial and you're swamped in preparing for the Messiah trial, but didn't you- you obviously knew this was coming long before you even signed up to take this case. So, I mean, why are you waiting until the last- until, like, the day before it's due, the responses are due, to ask me for an extension? Shouldn't you already have, like, your discovery responses ready to go and you could just send them to me?
0:02:30
Edmondson: I mean, that seems kind of unprofessional of you on your end.
Stabby: I've got a lot of stuff to say now, but wait and hear me out because I actually do have an offer at the end.
Stabby: I feel like you should have known if you were biting off more than you can chew by taking so many cases that you couldn't actually handle all of them in a timely manner. You were asking me to delay the single most important response to discovery, the initial one, and by an amount that is effectively twice, um... That comes close to doubling the total length of time that you would normally have. Because you normally have a month to reply, and you're asking for three weeks, which is one week less than a month.
0:03:18
Stabby: You're basically asking me to almost double the length of time, and you're asking for this on the eve of when your responses are due... Prior to, and you obviously knew that this trial was going to be coming up over in the Central District, so you could have requested this extension a long time ago and just didn't.
0:03:59
Stabby: So I feel like that there's an old legal phrase that it's Latin, but it translates into English as equity aids the vigilant, not those who sit on their rights. So it's the driving force behind the equity, the defense of latches.
Stabby: But even though latches obviously isn't applicable here, I feel like that driving force, that sentiment still is.
Stabby: Now, add that to the fact that this is perhaps the single most important set of discovery that I'm going to have in this case, because you're asking me to cut into the total discovery time... The time that it would take me... Because you're not suggesting that we back up everything by three weeks. You're just suggesting that I essentially get three weeks less total time of discovery on my end. And I need this initial batch of discovery requests in order to know what sort of follow-up discovery I need to request. Because from that point of view, you can see how the initial discovery responses are the most important. And you're asking me to just give up three weeks of discovery time that I could be spending conducting follow-up discovery just so that you can focus on another case that I have no stake in and don't give a rat's butt about.
0:05:33
Stabby: Frankly, I think you have not shown good reason why you deserve this extension. However, I believe we can help each other out here. We both want something. The whole mark of a good compromise is when both sides feel like they've lost.
Stabby: So here's an offer for you. I would agree to this extension. But in exchange, you agree that every deposition in this case, not just mine, not just your clients, but everyone's, be handled remotely via web call. And yes, and you previously said that you wanted to gauge my body language and stuff in order to try to gauge my credibility as a witness. You can do that as long as you have a webcam. It's not just over the phone anymore.
0:06:17
Stabby: Especially ever since the pandemic, the webcam has become pretty much identical to the in person, in terms of your ability to read my body language and read where my eyes dart and whatnot.
Stabby: So, yes, your only tangible reason for objecting to remote depositions is that...
0:07:05
Stabby: has basically been declared obsolete just a few short years ago.
Stabby: So, my offer is that I would stipulate to this extension if you stipulate to remote depositions unless the person being deposed agrees to an in-person deposition.
Stabby: What do you think of that?
Edmondson: Well, I think I can only speak for my guy. I can't speak for other people. There are plenty of people you want to oppose.
Edmondson: So I don't know. I don't know what they'll say, but I can simply speak for my guy.
0:07:51
Stabby: So what do you say to my offer?
Edmondson: Well, your offer was everybody agreed that everybody could do a remote deposition. I can't speak for the other people, but I can speak for my guy.
Stabby: I mean, if we're deposing a third party, he doesn't get to just say no to a deposition. He doesn't just get to—unless he has to first move to quash the deposition in order to get out of the deposition entirely. So if I decide to take his deposition remotely— the deponent doesn't get to just say no to that. And if he wants to come to Harrison, Arkansas in person just because he insists on being deposed in person, he's free to... Those witnesses are all free to do that.
0:08:26
Stabby: But, of course, I wouldn't be required to pay in that case because that's their choice.
Stabby: But anyway, that's my offer to consenting to this three-week extension.
Edmondson: Well, I can't accept the offer because I can't speak for the other people.
0:09:03
Stabby: No, no, no. The parties decide... The parties can stipulate to remote deposition. Okay, let me rephrase the offer here.
Stabby: Let me rephrase it. We agree to remote depositions... to the extent that the deponents, the witnesses, will likewise submit, likewise either can't either agree to remote depositions or are forced to be deposed remotely, to the extent that their personal preferences are not a barrier that we agree to remote depositions. That is my offer to agree to this three-week extension.
0:09:49
Edmondson: Yeah, yeah. And if you wanted to post it via Zoom, why not?
Stabby: And all the other... So you'll finally agree to the remote depositions. Awesome. Then, yeah. Okay, then.
Stabby: Let's type up that... I can type up the joint stipulation, if you'd like, that I agree to a three-week extension of time to respond to discovery, and the parties also stipulate that all depositions would be conducted remotely unless the deponent wishes to be deposed in person and is willing to pay for the costs thereof. All right, I'll drive to... No, no, no, I mean, look, David, I can't stipulate to a third party doing something because they're not here stipulating what's up. You don't get it.
0:10:39
Edmondson: But between people I can represent, that's it. If you want to oppose Sid via Zoom... To the extent that they're... Okay, then to the extent that that happened, then to the extent that the deponent's objections are not an obstruction to it, the parties agree to remote depositions.
Stabby: Fine, fine. I'll type up the joint stipulation now, and I'll send it to you to approve. Thank you. I think that concludes our business today.
0:11:28
Edmondson: In discovery, all we have to do is agree by email. We don't have to strike up drug stipulations. Because the court doesn't care.
Stabby: Okay, but then I'll send... Just what you said, and I'll say it's cool.
Edmondson: And, you know, we don't have to put anything on file with the court.
Stabby: Okay, then I'll type up the email, okay? Okay, okay. I'll type up the email now. Mr. Edmondson, do you have anything else you need to say to me? I can't think of anything.
0:12:02
Edmondson: Thank you for the exception. Thank you.
Stabby: And thank you for agreeing to remote depositions. Thank you.