Frank S. Sinkwich, Inc. v. Texaco Refining & Marketing, Inc.

ORDER

OWENS, Chief Judge.

Defendant Texaco Refining & Marketing, Inc. (“Texaco”), has noticed the taking of the deposition of James Nay, its employee who on behalf of Texaco made the management decision that resulted in this lawsuit and who at the time he made that decision was headquartered in Atlanta, Georgia. Subsequently Mr. Nay was transferred by Texaco to Houston, Texas, where he now works and resides. Texaco states that assuming the Federal Rules of Civil Procedure allow the use of Mr. Nay’s deposition at trial, it intends to use his deposition in lieu of Mr. Nay being present at trial…