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CHURCH OF OUR SAVIOR v. CITY OF JACKSONVILLE BEACH, 3:13-cv-1346-J-32JBT. (2015)

Court: District Court, M.D. Florida Number: infdco20150227a10 Visitors: 2
Filed: Feb. 26, 2015
Latest Update: Feb. 26, 2015
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on Defendant City of Jacksonville Beach's Motion to Compel Deposition (Doc. 147), and Plaintiff Church of Our Savior's response thereto (Doc. 148). In the motion, the City requests an order compelling counsel for the Church to appear for a telephone deposition regarding the Church's motion for attorney's fees and costs. In its response, the Church primarily repeats its arguments for an award of fees and costs, but a
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ORDER

This case is before the Court on Defendant City of Jacksonville Beach's Motion to Compel Deposition (Doc. 147), and Plaintiff Church of Our Savior's response thereto (Doc. 148). In the motion, the City requests an order compelling counsel for the Church to appear for a telephone deposition regarding the Church's motion for attorney's fees and costs. In its response, the Church primarily repeats its arguments for an award of fees and costs, but also contests that any discovery on the issue is appropriate, while asking alternatively that any deposition occur in the courthouse after the City has pre-paid all fees and costs associated with the deposition.

Upon due consideration, the Court determines that the City's motion to compel counsel to appear for deposition is due to be denied. The Court will, however, require the Church to respond to certain of the interrogatories propounded by the City, and will adjust the City's deadline to respond to the motion for fees and costs accordingly. The parties are advised that the Court also may, as necessary, take testimony during the April 10 hearing, including testimony from counsel for the Church. See Norman v. Housing Auth. of Montgomery, 836 F.2d 1292, 1303-04 (11th Cir. 1988).

Accordingly, it is hereby

ORDERED:

1. Defendant's Motion to Compel Deposition (Doc. 147) is DENIED.

2. On or before March 9, 2015, the Church shall serve responses to Nos. 1, 2, 3, 4, and 7 of Defendant's Third Set of Interrogatories to Plaintiff (see Doc. 147-3).

3. On or before March 20, 2015, the City shall file its response to the Church's Motion for Attorney Fees and Costs Pursuant to 42 U.S.C. § 1988(b) (Doc. 127), Supplemental Motion for Attorney Fees and Costs Pursuant to 42 U.S.C. § 1988(b) (Doc. 143), and Amended Supplemental Motion for Attorney Fees and Costs Pursuant to 42 U.S.C. § 1988(b) (Doc. 146.)

DONE AND ORDERED.

Source:  Leagle

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