VANTAGE TRAVEL SERVICE, INC. et al.
DECISION AND ORDER REGARDING DEFENDANTâS EMERGENCY
MOTION TO EXTEND DEADLINE FOR TAKING DEPOSITION (DOCKET NO.
A. Davis, Associate Justice of the Superior Court
is an action in which plaintiff Vantage Travel Service, Inc.
and its founder and CEO, plaintiff Henry R. Lewis
(collectively "Plaintiffs"), seek injunctive relief
based on defendant Meredith Babineâs ("Ms. Babine")
allegedly unlawful retention, use, and potential disclosure
of certain confidential information belonging to Plaintiffs.
The Court has issued at least two prior injunctive and/or
discovery orders in this case; the first on July 18, 2018
(the "July 18 Order"), and the second on August 1,
2018 (the "August 1 Order"). Familiarity with those
prior orders is presumed.
Courtâs August 1 Order addressed Plaintiffsâ request for
expedited discovery and included a directive that Ms. Babine
"appear for a deposition of up to three (3) hours in
length by Plaintiffs on a mutually-agreeable date within
thirty (30) days of the date of this Order ..." August 1
Order at 2. However, given Ms. Babineâs claim that she
currently "suffers from a number of acute health
conditions that make it impossible for her to meaningfully
participate in a deposition at this time," the Court
simultaneously invited Ms. Babine. if warranted, to,
file a motion seeking to extend [the deposition] deadline for
health reasons, which motion shall be accompanied by a
supporting affidavit from a qualified medical provider who is
personally familiar with Ms. Babineâs current condition. The
affidavit also shall describe the conditions and timetable
under which the medical provider reasonably believes Ms.
Babine will be capable of being deposed by Plaintiffs.
Id. at 2-3.
Babine has responded to the invitation contained in the
Courtâs August 1 Order by filing, on August 24, 2018, an
emergency motion to extend the deadline for taking her
deposition until January 31, 2019 (the "Emergency
Motion," Docket Entry No. 23.0). Her Emergency Motion is
accompanied by the affidavit of a clinical psychiatrist (the
"Psychiatrist") who confirms that he personally has
treated Ms. Babine and that he is familiar with her current
condition. In brief, the Psychiatrist supports Ms. Babineâs
claim that she is not presently capable of being deposed by
Plaintiffs. He also states that he intends to
continue to treat Ms. Babine, and that he will provide a
reassessment of Ms. Sabineâs condition in 120 days. The
Psychiatrist does not, however, represent that Ms. Babine
will be capable of being deposed in 120 days, nor does he
describe the conditions under which he reasonably believes
that Ms. Babine could be deposed by Plaintiffs.
have filed a limited opposition to Ms. Babineâs Emergency
Motion, arguing that a prolonged 120-day stay of Ms. Babineâs
deposition may be prejudicial to their case and is not called
for at this time. They urge the Court, instead, to extend the
deadline for Ms. Babineâs deposition by no more than 30 days,
subject to her right to seek a further extension, if
necessary. As grounds for their opposition, Plaintiffs cite,
among other things, Ms. Babineâs refusal to answer certain
written discovery requests that the Court granted Plaintiffs
leave to serve on Ms. Babine in its August 1 Order. While
Plaintiffs complain about Ms. Babineâs written discovery
responses, however, they have not filed a motion to compel
with the Court.
Court has reviewed the partiesâ submissions in support of Ms.
Babineâs Emergency Motion. The Court concludes, in its
discretion, that a result somewhere in the middle is
warranted. Accordingly, Defendantâs Emergency Motion is
ALLOWED IN PART. IT IS HEREBY ORDERED that:
Babine shall appear for a deposition of up to three (3) hours
in length by Plaintiffs on a mutually-agreeable date on or
before November 30, 2018, provided, however, that
Ms. Babine may file, on or before November 7, 2018, a motion
seeking to further extend this deadline for health reasons,
which motion shall be accompanied by a supporting affidavit
from a qualified medical provider who is personally familiar
with Ms. Babineâs current condition. The affidavit also shall
describe the conditions and timetable under which the medical
provider reasonably believes Ms. Babine will be capable of
being deposed by Plaintiffs. Any affidavit that fails to
fully comply with this Order may be disregarded by the Court;
parties shall appear for a status conference on November 15,
2018, at 2:00 p.m.
 The Psychiatristâs affidavit submitted by
Ms. Babine has been impounded by the Court for good cause
shown pursuant to Trial Court Rule VIII, Rule 8. The
non-confidential portions of the affidavit that are
referenced in this Decision and Order are included in the
redacted version of Ms. Babineâs Emergency Motion.
 The Court issues this Decision and Order
without a hearing because neither side has requested a
hearing on Ms. Babineâs Emergency Motion. See Superior Court
Rule 9A(c)(2) ("Failure to request a hearing shall be
deemed a waiver of any right to a ...