Opinion
Case No. 3:05-cv-129 130.
October 16, 2006
DECISION AND ORDER SUA SPONTE RECONSIDERING AND GRANTING MOTION TO POSTPONE DEPOSITION; DISCOVERY DEADLINE EXTENDED
The Court has previously denied Plaintiff's letter request for an indefinite postponement of her deposition, set for October 19, 2006, for lack of adequate proof of the medical excuse offered. On the morning of October 16, 2006, Plaintiff's physician contacted the Court and advised that Plaintiff's pending deposition was creating a great deal of stress for the Plaintiff with visible physical symptoms. Dr. Vanjura indicated that she had begun treating the symptoms with new medication, would see Ms. Briggs again in three weeks, and believed that a one-month continuance of the deposition would be sufficient to determine whether the new medication was effective.
Dr. Vanjura had been unable to speak with the Court previously for lack of an appropriate release under HIPAA.
Based on this new medical evidence, the Court sua sponte reconsiders and hereby grants the request for a postponement. Solely for the purpose of allowing Defendant to depose the Plaintiff, the discovery deadline herein is re-set to November 30, 2006. Defendant and Plaintiff shall consult on a new date for the deposition. If they are unable to agree, they should jointly approach the Court to set a date. As previously indicated, the Court is willing to preside at the deposition if necessary.