Key Points:
Wylie Aronow and Greg Solano, two of Yuga Labs’ founders, were ordered to be deposed by a federal court in California because they are not apex witnesses.
An individual who consents to be questioned and then answers in a deposition before a trial. However, Ripps, a defendant in the lawsuit, is now asserting on Twitter that Aronow will not be giving a deposition in court.
As written in the statement, Yuga’s Motion falls well short of these expectations. The depositions were scheduled for January 9 and 11, 2023, and were announced on December 15, 2022. Yuga’s claim that it could not file a timely, routinely noticed motion is without substance.
Back in December, it might have presented a routine motion with an application to reduce time. Instead, Yuga sought relief two business days before the January 9 Aranow deposition, making it nearly impossible for the Court to rule before the January 9 deposition.
Without a protective order, Mr. Aranow is obliged to appear for his deposition on January 9, 2023. If he does not appear, Yuga will responsible for payment of any expenses associated with the failed deposition. The parties must then meet and confer in good faith on an alternate date for the deposition of Mr. Aranow as soon as convenient.
Noted the Jan. 8 filing in the U.S. District Court for the Central District of California.
Yuga Labs filed a lawsuit in June 2022, claiming that Ryder Ripps infringed Yuga’s intellectual property by using copycat NFTs. Ripps hired a lawyer and filed a counterclaim, claiming that each NFT is unique by design and hence cannot be replicated.
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