IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
CONDUENT STATE HEALTHCARE, )
LLC, f/k/a/ XEROX STATE )
HEALTHCARE, LLC, f/k/a ACS STATE )
HEALTHCARE, LLC, )
)
Plaintiff, ) C.A. No. N18C-12-074 MMJ CCLD
)
v. )
)
AIG SPECIALTY INSURANCE )
COMPANY, f/k/a CHARTIS )
SPECIALTY INSURANCE COMPANY, )
et. al., )
)
Defendants. )
Submitted: May 6, 2020
Decided: May 8, 2020
ORDER
Upon consideration of Defendants' Motion to Continue CMO Discovery
Deadlines and Plaintiff's Cross-Motion to Compel Remote Depositions Under Rule
30(b)(7).
1. The following unopposed deadlines in the case Management Order are
hereby revised as follows:
Current Deadlines Revised Deadlines
Written Discovery April 29, 2020 July 15, 2020
Fact Discovery May 29, 2020 August 14, 2020
Identify Expert Witnesses August 3, 2020 August 21, 2020
Designate Rebuttal Experts October 1, 2020 October 19, 2020
Deadline for Depositions of November 2, 2020 November 20, 2020
Expert Witnesses
Deadline for Dispositive Motions December 7, 2020 December 22, 2020
2. The Court has considered all of the parties' submissions on these
motions. The Court finds that remote depositions are not ideal. Nevertheless, there
are many applications and devices which make video depositions not only feasible,
but not out of the ordinary in these extreme and unusual circumstances requiring
physical distancing in light of CoVid-19. Additionally, the Court finds that taking
depositions remotely in this case is not manifestly unfair and will not result in undue
prejudice. Counsel and witnesses can confer and prepare for depositions by remote
communication. It may be that prior to the amended discovery cutoff, in-person (or
hybrid) depositions are possible. Counsel are encouraged to schedule the witnesses
most appropriate for video depositions early in the process. Should the video
deposition of any specific witness present particular issues, the Court will consider
whether this ruling should be altered to accommodate exigent circumstances.
3. All Defendants who have not already done so are directed to provide
the Plaintiff with potential depositions dates for their witnesses during the extended
fact discovery period within 14 days of this Order. The Parties are to confer in good-
faith on scheduling depositions within the extended fact discovery period.
4. Pursuant to Delaware Superior Court Rule 30(b)(7), depositions in this
action may be conducted by videoconference or other remote electronic means. The
Parties are ordered to make their witnesses available for remote depositions if in
person depositions are not possible or feasible.
5. Pursuant to Superior Court Rule 30(b)(4), an officer or person
appointed or designated under Superior Court Rule 28 may appear remotely at these
depositions and administer oaths remotely with the same force and effect as if
physically present with the deponent.
THEREFORE, Defendants' Motion to Continue CMO Discovery Deadlines
is hereby GRANTED AS UNOPPOSED. Plaintiff's Cross-Motion to Compel
Remote Depositions Under Rule 30(b)(7) is hereby GRANTED.
IT IS SO ORDERED.
Mary M. Johnston
The Honorable Mary M. Johnston