Opinion
Civil Action No. 03-10130-NMG.
December 30, 2004
ORDER
Pending before the Court is Plaintiff's Motion for Leave to Take Additional Depositions and for Sanctions for Defendants' Failure to Comply with this Court's December 16, 2004 Order Compelling Production of Documents (Docket No. 94). After notice to the parties, consideration of the pleadings and a hearing, this Court finds that 1) the Plaintiff is entitled to depose six members of the cleaning staff of Main Street Textiles, LP, 2) the deposition of Ms. Barbara Robertson, which is unopposed, should be taken at a mutually agreed upon time and place before the extended close of discovery and 3) the Defendants should be sanctioned for their dilatory compliance with their discovery obligations and this Court's Order, entered December 16, 2004 (Docket No. 90), which caused unnecessary expense and inconvenience to the Plaintiff.
Accordingly, Plaintiff's motion is ALLOWED and the parties shall proceed as follows:
a. Defendants shall forthwith pay to the Plaintiff Four Thousand Dollars ($4,000) as a sanction and to reimburse him for unnecessary discovery expenses incurred.
b. Plaintiff is granted leave to depose Jose Botelho, Angelo DeMelo, Manuel Furtado, Joao B. Roias, Paul DeMelo and Armando DrFreitas, provided, however, that the total amount of time to conduct the direct examinations of said deponents shall not exceed 12 hours.
c. Plaintiff is granted leave to depose Barbara Robertson and all authorized depositions shall be completed on or before February 15, 2005.
So ordered.