Securities & Exchange Commission v. Merkin

POST-DISCOVERY HEARING ORDER REGARDING RULE 30(b)(6) DEPOSITION NOTICE

JONATHAN GOODMAN, United States Magistrate Judge.

The issue before the Court appears straightforward on its face: whether Defendant can take a Rule 30(b)(6) deposition of the SEC in this case. Phrased differently, the issue is whether the SEC can foreclose a 30(b)(6) deposition in a case it initiated by arguing that the deposition would necessarily and always require the disclosure of privileged or otherwise protected information. And, to use a third variation on the phrasing of the issue, the question is whether a civil…