By Eric Schweibenz
On June 8, 2011, ALJ Charles E. Bullock issued the public versions of Order No. 49 (dated May 31, 2011) and Order No. 50 (dated June 2, 2011) denying motions filed by Complainant Leviton Manufacturing Co., Inc. (“Leviton”) to compel Respondent American Electric Depot (“AED”) to provide a witness in response to Leviton’s notice of deposition, and to otherwise cooperate in discovery in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739).

According to Order No. 49, AED’s most knowledgeable person for deposition was on bed rest unable to travel for medical reasons.  AED was willing to answer written interrogatories in lieu of a deposition, but Leviton refused, insisting that the witness be made available for deposition by videotape.  Because Leviton declined the opportunity to obtain the requested information through an alternative method of discovery, ALJ Bullock denied the motion.

According to Order No. 50, Leviton sought to compel AED to produce documents in response to requests for production, asserting that AED has not produced any documents despite assuring Leviton multiple times that documents would be forthcoming.  Specifically, Leviton contends that “[g]iven AED’s role as the research and development entity involved in designing the accused products, and as the source of accused products identified by a specific UL number registered to AED, it strains credulity that no documents were created or maintained for such activities.”  In opposition, AED argues that it responded to all of Leviton’s requests for production and has no documents to produce “since it has not engaged in any manufacture or sales of GFCIs, and has in effect not been in much operation after its UL number was issued, and also since it has long been without any employee in the U.S. and its owner has moved and now lives in China.”  Finding that Leviton put forth no evidence to suggest that AED has purposefully withheld documents, and that AED in fact responded to the requests at issue, ALJ Bullock denied the motion.