Ford v. Philips Electronics Instruments Co.

MEMORANDUM

HUYETT, District Judge.

Defendant’s counsel subpoenaed Frederic J. Prior, who is not a party to this action, to appear for oral deposition. Because of objections raised by plaintiff’s counsel during the course of the deposition, the deposition was suspended, and plaintiff has moved for an order limiting the scope of examination. Plaintiff, relying on Federal Rule of Civil Procedure 26(b)(3) and Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 L.Ed. 451 (1947), contends that defendant’s questioning impermissibly impinged upon protected work product of plaintiff’s attorney.

The dispute…