*1 This matter is before the Court on Plaintiff Chevron U.S.A., Inc.'s motion to quash Defendant Ted Matthews' notice of Rule 30(b)(6) deposition, or in the alternative, motion for protective order. Doc. [34]. As a general matter, Matthews is entitled to depose Chevron regarding the claims and allegations in its complaint against him, which should include testimony about the underlying facts that serve as the basis for those claims and allegations.

Topic No. 1

Matthews seeks deposition testimony about Chevron's investigation of Matthews and all invoices that were improperly created or improperly approved by Matthews. With respect to this topic, Chevron is required to produce one or more witnesses to testify about its investigation and the findings of the investigation as they relate to the allegations in Chevron's complaint. Chevron is not required to produce a witness to testify about any investigations of Matthews not related to the subject-matter of the complaint. Nor is Chevron required to provide a witness to testify as to each specific invoice. However, Chevron should produce one or more witnesses who can testify generally about the invoices as they relate to the investigation.

Topic No. 2

Matthews seeks testimony regarding the specific invoices and amounts alleged to have been improperly approved and improperly accepted by Matthews. Chevron is not required to provide a witness to testify as to each specific invoice; however, as stated above, Chevron should provide a witness who can testify about its investigation of Matthews' alleged misconduct and the findings of that investigation. In addition, the deponent or deponents should be prepared to testify generally about the evidence gathered in the course of its investigation, which should include information about the invoices. If Matthews wishes to ask about any specific invoices, he must identify those invoices at least two weeks prior to the scheduled deposition in order to allow Chevron an adequate opportunity to prepare its representatives.

Topic No. 3

Matthews seeks testimony regarding the allegations in Chevron's complaint, as well as testimony about all invoices which Chevron alleges were fraudulently procured, padded or improper in anyway as it involves Matthews. Chevron should produce one or more witnesses to testify about the allegations in its complaint, including the factual basis of the alleged scheme. Matthews is entitled to inquire about the role invoices played in the alleged scheme. Chevron is not required to provide a witness to testify as to specific invoices unless identified by Matthews at least two weeks prior to the scheduled deposition.

Topic No. 4

Matthews seeks testimony regarding all directives Chevron alleges that he made to any subcontractors to submit false invoices and the identity of the individuals who provided the information to Chevron. As already stated, Chevron is required to produce one or more witnesses to testify about its investigation and the findings of its investigation as they relate to the allegations in Chevron's complaint. Chevron's witness or witnesses should be prepared to testify about the source of any information for its allegations against Matthews.

Topic Nos. 5, 6, 7, 8 & 9

*2 Matthews seeks testimony regarding all facts in support of Chevron's claims of negligent misrepresentation; negligently approved invoices and/or charges by subcontractors; civil conspiracy; items and improper payments received by Matthews; and fraudulent concealment. With respect to these topics, Chevron is required to produce one or more witnesses to testify about its investigation and findings of the investigation related to the allegations in Chevron's complaint. Chevron's designated representative should be prepared to testify regarding the factual basis for each of its claims.

Topic No. 10

Matthews seeks an itemization and identification of all damages claimed by Chevron. This topic should be handled through written discovery. If it has not done so already, Chevron should produce to Matthews an itemization and identification of damages at least two weeks prior to the deposition. However, Chevron also should have a witness prepared to answer questions regarding the basis of its damages claims.

Document Requests

Matthews makes several requests for production of documents in conjunction with the Rule 30(b)(6) deposition. To the extent Chevron has already responded fully and completely to identical written discovery requests, the motion for protective order is granted. In his response, Matthews argues he has not been provided with any invoices. As a matter of discovery, Matthews is entitled to copies of the invoices that Chevron alleges were improperly approved, created, or submitted by Matthews. Chevron should produce these invoices at least 30 days prior to the scheduled deposition.

IT IS THEREFORE ORDERED AND ADJUDGED that Chevron's [34] Motion to Quash is DENIED and that Chevron's Motion for Protective Order is GRANTED in part and DENIED in part, subject to the provisions outlined in this Order.

SO ORDERED AND ADJUDGED, this the 16th day of June 2020.