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Lassiter v. Hidalgo Medical Services, 17-cv-0850JCH/SMV. (2018)

Court: District Court, D. New Mexico Number: infdco20180622d44 Visitors: 8
Filed: Jun. 21, 2018
Latest Update: Jun. 21, 2018
Summary: ORDER GRANTING DEFENDANTS' MOTION TO EXTEND DEPOSITION STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on Defendants' Motion for Leave to Extend the Deposition of Veronica Lassiter Beyond Seven Hours [Doc. 106], filed on June 4, 2018. Plaintiff has not responded, and the time for doing so has passed. See D.N.M.LR-Civ. 7.4(a) ("A response must be served and filed within fourteen (14) calendar days after service of the motion."). Pursuant to Local Rule 7.1(b), "[t]he
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ORDER GRANTING DEFENDANTS' MOTION TO EXTEND DEPOSITION

THIS MATTER is before the Court on Defendants' Motion for Leave to Extend the Deposition of Veronica Lassiter Beyond Seven Hours [Doc. 106], filed on June 4, 2018. Plaintiff has not responded, and the time for doing so has passed. See D.N.M.LR-Civ. 7.4(a) ("A response must be served and filed within fourteen (14) calendar days after service of the motion."). Pursuant to Local Rule 7.1(b), "[t]he failure of a party to file and serve a response in opposition to a motion within the time prescribed for doing so constitutes consent to grant the motion." Accordingly, Plaintiff is deemed to have consented to the motion being granted.1

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Defendants' Motion for Leave to Extend the Deposition of Veronica Lassiter Beyond Seven Hours [Doc. 106] is GRANTED. Defendants may extend the deposition of Plaintiff Veronica Lassiter for one additional day not to exceed four hours of questioning on the record.

IT IS SO ORDERED.

FootNotes


1. At the close of the first day of Plaintiff's deposition, on April 19, 2018, counsel for Plaintiff indicated opposition to extending the deposition beyond seven hours. See [Doc. 106] at 2; [Doc. 106-1] at 2-3. Defendants' motion further indicates that counsel attempted to confer in good faith with Plaintiff before filing the instant motion. [Doc. 106] at 7.
Source:  Leagle

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