Magistrate Judge James Francis
Soroof agreed to distribute fuel cells made by now defunct GE Fuel Cell Systems (GEFCS). It sued GEFCS members GE Microgen Inc. and Plug Power Inc.and General Electricfor contract breach and misrepresentation. Although GE, GE Microgen and Plug Power purportedly knew, at GEFCS’s formation, that there was a "strong possibility that the fuel cells would not be marketable," they allegedly misrepresented the project’s success. GE and GE Microgen designated Scovello their deponent on notices issued by Soroof. Soroof claimed GE and GE Microgen failed their obligations under Federal Rule of Civil Procedure 30(b)(6) because Scovello was unable to testify about information to which GE was privy as a result of its position as a Plug Power director. The court granted Soroof additional deposition of GE and GE Microgen. Not only did questions as to documents Scovello testified he had never seen or had knowledge of fall within the 28 topics within Soroof’s notice, Scovello testified on behalf of GE and GE Microgen, not in his personal capacity. Even if Scovello lacked personal knowledge as to matters in the deposition notice, GE and GE Microgen were obligated to prepare him so that he could give knowledgeable answers.
