On December 12, 2017, Judge Godbey entered an order (available here) in Youtoo v. Twitter striking a deposition taken by Youtoo. In the case, Youtoo noticed a deposition, and Twitter filed a motion for a protective order within the three business days set by the Court’s Scheduling Order. The protective-order motion did not stop Youtoo, who went forward with the deposition.
Youtoo responded to Twitter’s motion for a protective order, claiming that the motion was moot because the deposition had already happened. The Court ruled that “a party may not ‘moot’ a motion for a protective order by unilaterally proceeding with the contested conduct and then asserting that the motion is no longer in dispute.”
Twitter also sought to recover the fees and costs it incurred as a result of the deposition. The Court denied Twitter’s motion for sanctions, stating that “striking the August 24, 2017, deposition [] is a sufficient sanction for Youtoo and [its counsel’s] conduct.”