Judge: Theodore R. Howard, Case: 20-1168136, Date: 2022-09-15 Tentative Ruling

The Motion to Compel the Deposition of Defendant’s Person Most Qualified, filed on 8/5/21 by Plaintiff Pedro Calderon Cervantes (“Plaintiff”) against Defendant General Motors, LLC (“GM”) is GRANTED IN PART.

As a preliminary matter, although the Motion on its face appeared to be directed to both the Person Most Qualified (“PMQ”) categories and the document demand in the notice, the reply expressly states on page 1 that “documents are not at issue in this particular motion.”  So, the Motion is limited in scope to the PMQ categories alone.

Plaintiff incorrectly argues that as a result, he was not required to provide a Separate Statement.  But the Motion asks the Court to compel GM to provide a PMQ for each of 20 stated categories, where GM asserted varying objections and responses to each. (See ROA 66, Ex. 6.)  Under C.R.C. 3.1345(a), a Separate Statement is required for “any motion involving the content of a discovery request or the responses to such a request.”  Here, the Motion reflects that for at least Category Nos. 5, 6, 8, 9, and 11-19, there was no agreement to produce a witness (ROA 66, Ex. 6), so a Separate Statement was required, at least as to those PMQ categories.  As none was provided, the Motion as to Category Nos. 5, 6, 8, 9, and 11-19 is DENIED.

For Categories 1-4, 7, 10 and 20, GM’s responses agreed to provide a witness “at a mutually agreeable time and place.” (ROA 66, Ex. 6.) But Plaintiff asserts that no dates were then offered, despite request. (Id. at Ex. 8.)  As to those categories, the Motion is thus effectively seeking compliance, rather than a ruling on the objections, while the Opposition asserts that GM was and is willing to produce a PMQ for those categories. The Motion is therefore GRANTED as to the request that dates be set for PMQ depositions for Categories 1-4, 7, 10 and 20.  Counsel are to promptly confer to identify dates for those depositions which are reasonably convenient for the parties and witnesses, with such depositions to be by video conference on dates within the next 20 days, or on any later dates that counsel may agree upon in a writing. 

Counsel for Plaintiff is to give notice.