Ever.Ag, LLC v. Milk Moovement, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 EVER.AG, LLC, No. 2:21-cv-02233 WBS AC Plaintiff, v. ORDER MILK MOOVEMENT, INC., a/k/a Milk Moovement, LLC, a foreign corporation, 14 Defendant. 15 16 The parties appeared before the court on May 24, 2023 for a discovery conference. ECF No. 338. This case has been before the court numerous times throughout the course of discovery and the parties are aware of the history and status of the case; it will not be repeated here. At the most recent discovery conference, the court reserved a ruling on the single issue of whether Scott Sexton, CEO of Ever.Ag, LLC (formerly Dairy, LLC) is an appropriate deponent and custodian document production. This issue has been before the court before. Plaintiff has consistently argued that Mr. Sexton is exempt from discovery under the “apex doctrine” which holds that the “deposition of a high-level official or executive, often referred to as an ‘apex’ deposition, may be precluded by the Court under…