Gotta v. Stantec Consulting Services Incorporated ( 2022 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Samantha Gotta, et al., No. CV-20-01865-PHX-GMS 10 Plaintiffs, ORDER 11 v. 12 Stantec Consulting Services Incorporated, et al., 13 Defendants. 14 15 16 Pending before this Court is Plaintiff’s Motion to Strike (Doc. 60). Upon 17 consideration, the motion is denied. 18 Rule 30(e) explicitly authorizes substantive changes to deposition testimony that are 19 made in compliance with the rule. Cramton v. Grabbagreen Franchising LLC, No. 17-cv- 20 04663-DWL, 2019 WL 7048773, at *16-17 n. 10. (D. Ariz. Dec. 23, 2019) (Applying the 21 text of Fed. R. Civ. P. 23(e) and distinguishing cases where changes were made to defeat 22 pending or future motions.) Plaintiff offers no reason to believe that the proposed changes 23 were not in compliance with the rule. 24 Plaintiff does correctly state that such changes are not permitted to defeat a pending 25 motion or gain an unfair advantage. See. e.g., Hambleton Bros. Lumber Co., v. Balking 26 Enter., Inc., 397 F.3d 1217, 1225 (9th. Cir. 2005) (emphasis added). And a motion for class 27 certification was pending at the time the changes were made. But in this case, Defendants 28 do not oppose the pending class certification motion, see. e.g. (Doc. 59) (“Statement of 1 || Non-Opposition to Class Certification Motion’). And, even if they did, Plaintiff does not indicate how the corrected testimony is in any way dispositive of the ruling on that motion || or unfair in ruling on other future pre-trial matters. Further, despite the changes made by 4|| the deponent, Mr. Wilson’s original testimony remains part of the record and counsel can 5 || cross-examine Mr. Wilson on those changes. 6 In sum, the instant case falls under the text of the rule and resembles Cramton. It does not sufficiently resemble Hambleton. The motion to strike is, therefore, denied. 8 IT IS HEREBY ORDERED that Plaintiffs Motion to Strike (Doc. 60) is 9|| DENIED. 10 Dated this 12th day of September, 2022. 11 - 12 A Whacrsay Sooo) 13 Chief United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-