JULIE S. SNEED, Magistrate Judge.
THIS MATTER is before the Court on Defendants' Motion to Compel Deposition of Plaintiff In Person Within This Judicial District (Dkt. 76) ("Motion to Compel") and Motion for a Hearing on Defendants' Motion to Compel Deposition of Plaintiff In Person Within This Judicial District (Dkt. 84) ("Motion for Hearing"). Upon consideration, the Motion to Compel is granted for the reasons stated below. The Motion for Hearing is denied as moot.
On September 25, 2013, Plaintiff, pro se, filed suit against Defendants, her former employers, alleging claims of post-employment retaliation, tortious interference, defamation, and intentional infliction of emotional distress.
On June 27, 2014, the Court granted Plaintiff's motion to proceed in forma pauperis. (Dkt. 39.) The current discovery deadline is October 30, 2015. (Dkt. 73 at 1.) The dispositive motion deadline is November 30, 2015, and jury trial is set for April 2016. (Dkt. 73 at 1, 2.)
On June 15, 2015, the Court referred this case to mediation, to be conducted no later than January 15, 2016. (Dkt. 74 at 1-2.) The Court directed the parties to notify the Court of the mediator and date of mediation by July 15, 2015. (Dkt. 74 at 1-2.) On July 15, 2015, Defendants notified the Court that Plaintiff would "not agree to appear in the district for mediation or pay for her half of mediation costs. . . ." (Dkt. 77 at 1.) On August 7, 2015, the Court mandated Plaintiff to attend mediation in the Middle District of Florida and reminded Plaintiff of her obligation to pay half of the costs of mediation. (Dkt. 83 at 1.) The Court advised Plaintiff that if she "fails to cooperate in scheduling and attending mediation, the Court may impose sanctions against her, including, but not limited to, dismissal of her case." (Dkt. 83 at 2.)
On June 16, 2015, Defendants issued a notice to Plaintiff to take her deposition on July 30, 2015 in Greensboro, North Carolina. (Dkt. 76-1.) Subsequently, on July 7, 2015, Plaintiff allegedly informed Defendants that she would not appear in person for her deposition on July 30, 2015 and also would not appear at her deposition in person, if scheduled in this judicial district. (Dkt. 76 ¶ 3.) On July 10, 2015, Defendants filed the instant Motion to Compel requesting that the Court order Plaintiff to appear in person at her deposition within this judicial district on an agreed upon date in August 2015. (Dkt. 76 at 5.) On August 12, 2015, Defendants filed the Motion for Hearing. (Dkt. 84.) Defendants stated that Plaintiff has failed to supplement her discovery responses and, therefore, the earliest Defendants could take Plaintiff's deposition would be in September 2015. (Dkt. 84 ¶ 3.)
District courts have broad discretion in managing pretrial discovery matters and in deciding whether to grant motions to compel. Perez v. Miami-Dade Cnty., 297 F.3d 1255, 1263 (11th Cir. 2002); Union Ins. Co. v. Westrope, 730 F.2d 729, 731 (11th Cir. 1984) (per curiam).
A party may take any other party's deposition without obtaining leave of court. Fed. R. Civ. P. 30(a). The party noticing the deposition may select the location of the deposition. Fed. R. Civ. P. 30(b)(1). Typically, a plaintiff is required to make herself available for deposition in the judicial district in which she chose to file suit. Culhane v. MSC Cruises (USA), Inc., 290 F.R.D. 565, 566 (S.D. Fla. 2013); see also 8A CHARLES A. WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE § 2112 (3d. ed. 2015). Indeed, the Middle District of Florida Local Rules provide that "it is the general policy of the Court that a non-resident plaintiff [(i.e., a person residing outside the State of Florida] may reasonably be deposed at least once in this District during the discovery stages of the case. . . ." M.D. Fla. R. 3.04(b); see Middle District Discovery (2015) at 7 (citing M.D. Fla. R. 3.04(b)); see also Tarzia v. Am. Sec. Ins. Co., 282 F.R.D. 669, 671 (M.D. Fla. 2012) (enforcing local rule and requiring a non-resident party to attend her deposition in the judicial district where the case was pending); Washington v. Fla. Dep't of Children & Families, No. 8:08-CV-48-T-33TBM, 2010 WL 5463071, at *2 (M.D. Fla. Dec. 29, 2010) (same).
Defendants contend that Plaintiff has stated she will not appear for her deposition in person and also refuses to travel to this judicial district for her deposition. (Dkt. 76 ¶ 3.) In Plaintiff's previous lawsuit against Defendants, which was also filed in this judicial district, Defendants had agreed to take Plaintiff's deposition in North Carolina, and Plaintiff failed to appear on the scheduled date. (Dkt. 76 ¶ 4.) As such, Defendants state that they do "not want to incur the costs of travel to Greensboro, North Carolina for a deposition on July 30, 2015 only to have Plaintiff refuse and/or fail to appear again." (Dkt. 76 ¶ 4.) As such, Defendants request an order compelling Plaintiff to appear at her deposition in person within this judicial district.
Plaintiff asserts that Defendants' request would "create financial hardship and prevent access to due process."
The Court finds that Plaintiff must appear for her deposition in person within this judicial district. Plaintiff claims that traveling to this judicial district for her deposition would create "financial hardship." When Plaintiff elected to file a second lawsuit against Defendants within this judicial district, however, she did so with knowledge of Middle District of Florida Local Rule 3.04(b). See Loren v. Sasser, 309 F.3d 1296, 1304 (11th Cir. 2002) (requiring pro se parties to follow procedural rules). Additionally, an alleged inability to pay does not necessarily excuse a plaintiff from appearing for a deposition within the judicial district where the plaintiff filed suit. See Newman v. Metro. Pier & Exposition Auth., 962 F.2d 589, 592 (7th Cir. 1992); cf. Culhane v. MSC Cruises (USA), Inc., 290 F.R.D. 565, 567 (S.D. Fla. 2013) (finding that a non-resident plaintiff, who claimed she could not travel to the judicial district where her case was pending for her deposition because she was the sole caregiver for her sick husband, had not established good cause for a protective order). Moreover, the Court has already found that Plaintiff is not excused from attending mediation in person within this judicial district. Accordingly, it is
1. Defendants' Motion to Compel is
2. In light of this ruling, Defendants' Motion for Hearing is