Not Even Ghostface Can Beat the Clock When it Comes to Rule 37

In my last update on the Jack Urbont/Ghostface Killah saga, I whinged that we might never get to see footage or a transcript from Ghostface's deposition. Looks like we can change "might" to "will."

The judge handling the case wrote a letter to Ghostdini in May telling him that he had to appear for a deposition within 40 days. As you recall, he did not appear for his deposition so Urbont moved for sanctions and a default judgment. Judge Buchwald granted the motion last week. Not even Pretty Toney could beat the clock this time.



It was FRCP 37(b) in particular that laid the Wallabee Champ low. Simply put, if the court orders you to provide some particular discovery to the opposing party and you don't, the court can sanction you or even enter judgment against you. Thus, the God's decision to run instead of sit (for a deposition) ultimately did him in.



And Urbont has triumphed.



But only to the tune of $3,758.58, which are the costs Urbont incurred for the cancelled depositions. I assume Urbont will seek damages for copyright infringement because, after all, that was the whole point of this lawsuit in the first place. I doubt Ironman will need to be deposed for that part of the case so we'll just have to wistfully dream about the transcript that never happened.