Do you think it is better to (1) issue discovery, secure responses, and THEN notice a plaintiff’s deposition; or (2) notice plaintiff’s deposition along with RFPs (I.e., result being you won’t be able to review their doc production prior to preparing for and conducting the depo)? A partner I am working under is dead set on noticing the depo prior to receiving any discovery responses. And I feel like I would prefer to review those so I can ask plaintiff about them at the depo… this is L&E btw.

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I can see both sides. Scheduling depos can be a pain and can take quite a while depending on how responsive the other side is. On the other hand, you do need to be able to ask the Plaintiff all your questions and if you haven’t gotten much in disclosure and you suspect you’ll have more questions after getting the discovery responses, you may have to reserve time and then do a follow up depo, which is kind of inconvenient for everyone.

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I prefer to have the responses first.

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Probably depends on local practices. In my market (NYC) I usually notice depositions to preserve priority because they never actually go forward on the noticed date.

Edit: I usually notice them before receiving discovery.

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Yea I think this is what my partner was focused on. Confirmed she doesn’t care if we continue the depo if no responses are served prior to the initially set date. Just cares that we notice plaintiffs depo as early as feasible to ensure we get priority.

Depends on practice area. I work in patent litigation and every defendant submits an Alice motion to dismiss for unpatentable subject matter. A deposition into legitimately anyone can be key in appeal or a rule 59 motion to reconsider if the motion doesn’t come out your way. Plus most defendants will not answer any written discovery until they file IPRs and stay the case anyway

Wage and hour is diff than discrimination

I’ve taken many depos, only once have they produced docs pursuant to the notice and it wasn’t a full production. I wait until all disc responses are served and I’ve subpoenaed everything I need to before I notice a depo.
Edit - I also don’t care much about priority. In fact, I tend to like deposing plaintiff last

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