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In Re: Chocolate

April 4, 2011

IN RE: CHOCOLATE
CONFECTIONARY ANTITRUST LITIGATION



The opinion of the court was delivered by: (Judge Conner)

THIS DOCUMENT APPLIES TO: ALL CASES

ORDER

AND NOW, this 4th day of April, 2011, upon consideration of the motion (Doc. 942) for a protective order to prevent plaintiffs from deposing John F. Mars ("Mr. Mars"), which was filed under seal by defendants Mars Snackfood U.S. LLC and Mars, Inc. (collectively, "Mars"), and it appearing that Mars seeks a protective order in order to protect itself and/or Mr. Mars from the "undue burden" that would accompany a deposition of Mr. Mars, see Fed. R. Civ. P. 26(c) ("The court may, for good cause, issue an order to protect a party or person from . . . undue burden[.]"), and that Mars contends that plaintiffs have failed to make the requisite showings to depose a top-level corporate officer,*fn1 and it further appearing that plaintiffs argue that they are entitled to depose Mr. Mars on the basis of his personal knowledge of matters that are relevant to this litigation, and that there is no adequate substitute for taking Mr. Mars's deposition, (see Doc. 956), and the court concluding that good cause has not been shown for issuance of a protective order, it is hereby ORDERED that the motion (Doc. 942) for a protective order is DENIED.

CHRISTOPHER C. CONNER United States ...


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