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GMAC Bank v. HTFC Corp.

248 F.R.D. 182, aff'd 252 F.R.D. 253 (E.D. Pennsylvania 2008)

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GMAC Bank v. HTFC Corp.

United States District Court for the Eastern District of Pennsylvania

248 F.R.D. 182, aff'd 252 F.R.D. 253 (E.D. Pennsylvania 2008)

Facts

GMAC Bank (plaintiff) sued HTFC Corporation (defendant). GMAC’s attorney Robert Bodzin attempted to depose HTFC owner and CEO Aaron Wider. Six minutes into the deposition, Wider began responding with pervasive and vulgar profanity, repeatedly insulted and attempted to bully Bodzin, and gave evasive or incomplete answers. HTFC’s attorney Joseph Ziccardi made a few mild requests to Wider to answer questions or not interrupt Bodzin, but failed to control his client. Mostly Ziccardi remained silent or indifferent, improperly directed Wider not to answer, told Bodzin to file whatever motions he wanted, and even snickered at and joined in Wider’s abusive conduct. Ziccardi did not assert a general objection on confidentiality grounds during the deposition or adjourn it to seek a protective order. After two days, Bodzin adjourned the deposition and filed a motion to compel and for sanctions against both Wider and Ziccardi personally. Ziccardi responded by requesting a protective order on confidentiality grounds.

Rule of Law

Issue

Holding and Reasoning (Robreno, J.)

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