UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
September 10, 2012
SUN MICROSYSTEMS, INC., ET AL. DEFENDANTS.
The opinion of the court was delivered by: Peter G. Sheridan, U.S.D.J.
This matter is before the Court by way of a motion to compel discovery pursuant to the Court's May 24, 2011 Scheduling Order and Fed. R. Civ. P. 37 brought by Plaintiff, Matthew Stepanski. That order was the subject of a Report and Recommendation dated December 9, 2011 in which Magistrate Judge Arpert recommends granting plaintiff's motion to compel discovery and confirming that the de novo standard of review applies to the decision. The Court has considered the written submissions of counsel as well as the June 6 and June 7, 2012 letters from the law firm McElroy, Deutsch, Mulvaney & Carpenter, LLP, and the June 14, 2012 letter from the law firm of Dillon, Bitar & Luther, LLC.
The Court finds the Report and Recommendation to be an excellent analysis; and adopts same as the reasoning of the Court. The Court had concerns about the deposition of opposing counsel as it is a non-favored discovery technique. Although it is being allowed, it is recommended that objections as to deposition questions, especially those concerning lawyer/client privilege, be subject to immediate Magistrate Judge review.
IT IS on this 10th day of September, 2012;
ORDERED that Defendant's motion to compel discovery (ECF No. 41) is hereby granted; and it is further
ORDERED that the Report and Recommendation of Magistrate Judge Douglas E. Arpert (ECF No. 50) is hereby adopted as the opinion of the Court.
Peter G. Sheridan
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