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Cedars-Sinai Medical Center v. Ray

Firm's Product Director Can Be Deposed for Four Hours Over Belatedly Produced Documents

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OPINION & ORDER This decision resolves a motion filed by petitioner Cedars-Sinai Medical Center (“Cedars-Sinai”) to compel a second deposition of Cynthia D. Ray. Cedars-Sinai is the plaintiff in Cedars-Sinai Med. Center v. Quest Diagnostics Inc., No. 2:17-cv-5169-GW-FFM (C.D. Cal.) (the “underlying litigation”). Between July 2013 and July 2018, Ray served as “Director, Product Management Infectious Disease and Immunology Franchise-Allergy, IBS, and Celiac Disease” at Quest Diagnostics (“Quest”). Dkt. 4-4 (“Ray CV”) at 2.Cedars-Sinai represents that Ray admitted at her deposition, held November 29, 2018, that she had not reviewed her personal computer or personal files for materials responsive to Cedars-Sinai’s discovery requests and that, after that deposition, Quest produced more than 1,700 additional documents that refer to Ray. Cedars-Sinai now moves to compel Ray to sit for a second, four-hour deposition for the limited purpose of testifying in her personal capacity as to these belatedly produced documents.For the following reasons, the Court grants that motion and authorizes Cedars-Sinai to take four additional hours of deposition testimony from Ray consistent with the parameters set out in this decision.I. BackgroundA. Facts11. The Underlying LitigationOn July 13, 2017, Cedars-Sinai brought the underlying lawsuit against Quest in the Central District of California. It alleged patent infringement, misappropriation of trade secrets, and breach of contract. Dkt. 4-2 (“Initial Compl.”). Cedars Sinai seeks injunctive relief and damages. See SAC.Specifically, Cedars-Sinai alleges that Quest developed its irritable bowel syndrome (“IBS”) diagnostic test — IBSDetex — through the unlawful use of Cedars-Sinai’s proprietary information. SAC

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