Filed: Dec. 21, 2015
Latest Update: Dec. 21, 2015
Summary: ORDER AND MEMORANDUM DECISION GRANTING SHORT FORM MOTION TO COMPEL DISCOVERY FROM PLAINTIFF BROOKE C. WELLS , Magistrate Judge . This matter is before the court on Defendant James Farland's Short Form Motion to Compel Discovery from Plaintiff. 1 There has been no opposition filed in response to Defendant's motion and the time to do so under the Local Rules has passed. 2 The court finds no need to hold oral argument, 3 and based on the failure to respond timely to the motion, 4 for good
Summary: ORDER AND MEMORANDUM DECISION GRANTING SHORT FORM MOTION TO COMPEL DISCOVERY FROM PLAINTIFF BROOKE C. WELLS , Magistrate Judge . This matter is before the court on Defendant James Farland's Short Form Motion to Compel Discovery from Plaintiff. 1 There has been no opposition filed in response to Defendant's motion and the time to do so under the Local Rules has passed. 2 The court finds no need to hold oral argument, 3 and based on the failure to respond timely to the motion, 4 for good c..
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ORDER AND MEMORANDUM DECISION GRANTING SHORT FORM MOTION TO COMPEL DISCOVERY FROM PLAINTIFF
BROOKE C. WELLS, Magistrate Judge.
This matter is before the court on Defendant James Farland's Short Form Motion to Compel Discovery from Plaintiff.1 There has been no opposition filed in response to Defendant's motion and the time to do so under the Local Rules has passed.2 The court finds no need to hold oral argument,3 and based on the failure to respond timely to the motion,4 for good cause shown and for those reasons discussed below the court GRANTS the Motion to Compel as follows.
Federal Rule 30(d)(1) provides that the "court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination."5 Defendant asserts that on September 10, 2015, Cindy Klein left her deposition before its conclusion on the advice of counsel.6 This deposition appears to have been properly noticed and Ms. Klein had another appointment that required early termination of the deposition.
Therefore Defendant's Short Form Motion to Compel Discovery is GRANTED and Cindy Klein is ORDERED to appear and provide deposition testimony based upon Rule 30 no later than January 29, 2015.
Defendant's request for fees is DENIED without prejudice at this time. Federal Rule 30(d)(2) provides for sanctions against the party who "impedes, delays, or frustrates the fair examination of the deponent."7 Depending on Ms. Klein's compliance with this order the court will consider the imposition of fees incurred based upon the need to hold another deposition and bring the instant motion.
Finally, it is FURTHER ORDERED that the parties provide an update within seven (7) days from the date of this order on the status of Plaintiff Systems West Performance's Short Form Motion to Compel Answers to Deposition Questions.8 It appears to the court that this motion remains outstanding. The court, however, desires to know if there has been any resolution to the questions sought by Plaintiff.9
IT IS SO ORDERED.
