Apex Doctrine Does Not Prohibit Deposition of Former Google VP

The court granted in part defendant's former employee's motion for a protective order precluding his deposition under the apex doctrine. "⁠[I]f being super-busy and important immunized you from being deposed, there might not be any depositions in Silicon Valley. . . . At bottom, I am not persuaded that the [former employee's] deposition is proportional to the needs of the case at this moment. . . . [Plaintiff] should first take the depositions of the relevant [defendant] employees with knowledge of Project Loon. If, after having substantially completed [defendant's] depositions, [plaintiff] can show that it still has information gaps that it needs [his] testimony to fill, then it may renew its request to depose [him]. Barring further court order, [plaintiff's] portion of the [former employee's] deposition will be capped at 90 minutes."

Space Data Corporation v. Alphabet Inc and Google LLC, 5-16-cv-03260 (CAND June 29, 2018, Order) (Cousins, MJ)