Filed: Apr. 19, 2012
Latest Update: Apr. 19, 2012
Summary: ORDER ROBIN S. ROSENBAUM, Magistrate Judge. This matter is before the Court upon Plaintiff's Motion for Enlargement of Time to Appear for Deposition. [D.E. 126]. In the Motion, Plaintiff seeks an extension of time within which the deposition of his client may occur. In support of this Motion, Plaintiff's counsel states that he is "currently out of the country, in Israel, for the Passover Holiday, as well as a family obligation, and is expected to return by May 1, 2012." 1 Id. at 2. Whil
Summary: ORDER ROBIN S. ROSENBAUM, Magistrate Judge. This matter is before the Court upon Plaintiff's Motion for Enlargement of Time to Appear for Deposition. [D.E. 126]. In the Motion, Plaintiff seeks an extension of time within which the deposition of his client may occur. In support of this Motion, Plaintiff's counsel states that he is "currently out of the country, in Israel, for the Passover Holiday, as well as a family obligation, and is expected to return by May 1, 2012." 1 Id. at 2. While..
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ORDER
ROBIN S. ROSENBAUM, Magistrate Judge.
This matter is before the Court upon Plaintiff's Motion for Enlargement of Time to Appear for Deposition. [D.E. 126]. In the Motion, Plaintiff seeks an extension of time within which the deposition of his client may occur. In support of this Motion, Plaintiff's counsel states that he is "currently out of the country, in Israel, for the Passover Holiday, as well as a family obligation, and is expected to return by May 1, 2012."1 Id. at ¶ 2.
While the Court is willing to accommodate Plaintiff's request for an extension of time within which Plaintiff must sit for his deposition, Defendants should not be prejudiced as a result. In the first place, the deposition is already an accommodation to Plaintiff so that he will not have to appear in person to testify at the hearing. The Court gave Plaintiff's counsel a three-week period within which to set the deposition — from April 4, 2012, through April 25, 2012. Moreover, the Court set the hearing an additional three weeks after that, for May 14, 2012, so the parties could order the transcript at regular rates and have it in time to use for the hearing. Extending the deadline for the taking of Plaintiff's deposition, however, will likely require expediting of the transcript so that it may be reviewed in time to be used at the hearing. Therefore, to the extent that the continuance requested by Plaintiff's counsel for the holding of Plaintiff's deposition necessitates the ordering of an expedited transcript so that it may be in the parties' hands by no later than May 7, 2012, Plaintiff shall pay the costs of expediting the preparation of the transcript.2
Thus, it is ORDERED and ADJUDGED that Plaintiff's Motion for Enlargement of Time to Appear for Deposition [D.E. 126] is hereby GRANTED. Accordingly, Plaintiff shall sit for his deposition by no later than May 2, 2012. Barring extenuating circumstances, no further extensions will be granted. If Plaintiff fails to sit for his deposition by May 2, 2012, he will be required to appear and testify at the evidentiary hearing scheduled for May 14, 2012. See D.E. 117.
Plaintiff's counsel shall also ensure that Plaintiff's deposition transcript is delivered to counsel for Defendants by no later that May 7, 2012, to allow for adequate time to review the transcript and prepare for the May 14, 2012, evidentiary hearing.
DONE and ORDERED.
