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Clarke v. Passfeed Inc.

Equities Favor Compelling China Resident's In-Person Deposition While in New York

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OPINION AND ORDER I. INTRODUCTION Plaintiff Christopher Clarke moves for a discovery conference and seeks to compel Defendant Shan Wang, also known as Richard Wang, a foreign national, to appear in New York for an in-person deposition. (ECF No. 41 (the “Motion”)). Wang resists, arguing that the Federal Rules of Civil Procedure allow the parties to take virtual depositions of overseas witnesses. (ECF No. 43). The Motion is granted to the extent it seeks an order to compel Wang to appear in New York for an in-person deposition, and it is otherwise denied. II. BACKGROUND This is a civil rights action under both federal and New York law in which Clarke alleges Defendants Passfeed, Inc. (“Passfeed”), Erin Boose, and Wang discriminated against him based on race, retaliated against him, and aided and abetted the racial discrimination, after Clarke discovered other Passfeed employees writing personal, racially-inflammatory remarks about him in a group-chat. (See generally ECF No. 1). Clarke was the Chief Compliance Officer of Passfeed, a New York Corporation, and Wang is Passfeed’s chief executive officer. (ECF No. 1 at

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