CoffeeGate Update: Sanctions Handed Down Over Deposition That Ended In Coffee Throwing
The problems of one little litigation don't amount to a hill of beans in this crazy world.
Back in July, we wrote about the curious case of a deposition that careened off the rails when one attorney allegedly hurled coffee at opposing counsel while demanding a response. It sounded like a dramatic confrontation right out of A Few Good Men. Just substitute Dan Kaffee for… well, coffee.
It’s a story that may not get a lot of attention. Apparently there’s something more newsworthy going on. I guess the problems of one little litigation don’t amount to a hill of beans in this crazy world.
On Friday, the Recorder reported that Magistrate Judge Donna Ryu sanctioned attorney Valeria Calafiore Healy $250 in damages.
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The incident involved a contentious exchange during the deposition of one Roberto Pieraccini in the ongoing litigation between Loop AI Labs and Almawave USA, over an alleged conspiracy to steal trade secrets.
Calafiore Healy contended that she never threw her iced coffee, but rather slammed it on the table, causing a spill. Opposing counsel, Venable’s Thomas Wallerstein (full disclosure: a former ATL columnist) argued that the coffee was hurled in his direction.
In the end, Wallerstein’s description held sway for the magistrate. Per Ars Technica:
Everyone at the incident except for Healy, however—Pieraccini, the court reporter, and Wallerstein—ultimately testified that Healy threw the coffee. “Healy’s actions were shocking and inappropriate, but her response in the wake of those actions is in many ways much worse,” wrote Magistrate Judge Ryu. “Healy repeatedly refused to take responsibility for her conduct, as she has done throughout this case.”
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(UPDATE:1/31/17 3:19 p.m.): There was no discovery and no evidentiary hearing related to the motion for sanctions that resulted in this order. By “testified,” the article means the witness testified on the record at the deposition at issue and the court reported filed an affidavit. While he authored the motion, Wallerstein didn’t file a declaration, Healy did file a declaration (with “video, audio, and photographic” exhibits) disputing the account laid out in the motion.
Magistrate Judge Ryu’s order — which is available here — concludes by deferring the possibility of further sanctions to Judge Haywood Gilliam, who is handling the case proper.
Given that this matter has already sparked numerous disputes and an order that the parties record their meet-and-confers, one imagines that Judge Gilliam is going to have something to say about what’s going on in this matter.
(Full order available on the next page…)
Judge Sanctions Lawyer Accused of Tossing Coffee at Opposing Counsel During Deposition [The Recorder]
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Earlier: Attorney Accused Of Hurling Coffee At Opposing Counsel During Tense Deposition
Joe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.
