ORDER1

SHERIPOLSTER CHAPPELL, District Judge.

This matter comes before the Court on Plaintiff Brett A. Bennett's Motion to Quash and For Protection (Doc. #69) filed on December 16, 2014. Although given the opportunity, Defendant Forest Laboratories has not filed a response in opposition. This matter is now ripe for review.

Bennett moves to quash Forest Laboratories' Notice of Deposition and prohibit Forest Laboratories from taking a stand-by "trial preservation" deposition of its own Multi District Litigation general causation expert. The relevant notice is regarding one of Forest Laboratories' witnesses, Stephen M. Stahl. (Doc. #69-1). Stahl's deposition is scheduled to occur on January 12, 2015, in Carlsbad, California. (Doc. #69-1). Stahl's deposition will be recorded, videotaped, and transcribed. (Doc. #69-1).

Bennett has two main concerns regarding the notice. The first concern is that Bennett styles Stahl's deposition as a "trial preservation" deposition. That is, Bennett asserts there is a possibility that Stahl may not testify in person at trial. Instead, Stahl's video deposition may be used at trial, if he is unavailable. Email communications between the parties indicate Stahl has been unavailable to testify at trials before in light of his busy schedule. (See Doc. #69-3, at 1). The Court, however, finds quashing the notice on this ground is inappropriate at this time. Whether Stahl will be available to testify at trial is unknown at this time. If Stahl is unavailable as defined by Rule 32(a)(4) of the Federal Rules of Civil Procedure, then all parties may use any form of his deposition at trial, assuming other evidentiary rules permit such form of testimony. See generally Vineyard v. County of Murray, Ga., 990 F.2d 1207, 1217 (11th Cir. 1993). Perhaps, this issue would be better resolved during the motion in limine stage of this litigation. The current motion in limine deadline is March 13, 2015. (Doc. #31, at 2).

Bennett's second concern is that Stahl's deposition is scheduled too close to trial. Bennett mistakably believes trial is set to commence on January 25, 2015. (Doc. #69, at ¶2). A review of the docket and the Court's Case Management and Scheduling Order, however, reveals trial is currently set to commence on May 4, 2015. (See Doc. #31). The Court finds quashing the notice on this ground is inappropriate. Hopefully, with the Court's clarification that this trial will commence no sooner than May 2015, Bennett will feel more at ease about the litigation schedule of this case including Stahl's deposition next week.

Accordingly, it is now

ORDERED:

Plaintiff Brett A. Bennett's Motion to Quash and For Protection (Doc. #69) is DENIED.

DONE and ORDERED.