ORDER DENYING PLAINTIFF CHRISTOPHER WILLIAMS' MOTION TO COMPEL THE CONTINUED DEPOSITION OF NON-PARTY REBECCA NAVIN (ECF No. 193)

ANTHONY P. PATTI, Magistrate Judge.

This matter came before the Court for consideration of Plaintiff Christopher Williams' motion to compel the continued deposition of non-party Rebecca Navin (ECF No. 193), and non-party City of Detroit Downtown Development Authority's (the DDA's) brief in opposition (ECF No. 199). Judge Cox referred all discovery matters to me. (ECF No. 102.) A hearing was held on November 26, 2019, at which counsel appeared and the Court entertained oral argument regarding Plaintiff's motion.

Upon consideration of the motion papers and oral argument, and for all of the reasons stated on the record by the Court, which are hereby incorporated by reference as though fully restated herein, Plaintiff's motion to compel the continued deposition of non-party Rebecca Navin (ECF No. 193) is DENIED.1 No costs will be awarded as the motion to compel was substantially justified in light of the instruction by Ms. Navin's counsel on multiple occasions throughout her deposition not to answer questions, although the Court has now determined that such instruction was appropriate under the circumstances, as analyzed at the hearing. See Fed. R. Civ. P. 37(a)(5)(B) ("If the motion is denied, the court . . . must, after giving an opportunity to be heard, require the movant, the attorney filing the motion, or both to pay the party or deponent who opposed the motion its reasonable expenses incurred in opposing the motion, including attorney's fees. But the court must not order this payment if the motion was substantially justified or other circumstances make an award of expenses unjust.").

IT IS SO ORDERED.