Perry v. Montgomery County Alcohol Drug Addiction

Full title: BEVERLY PERRY, Plaintiff, v. MONTGOMERY COUNTY ALCOHOL, DRUG ADDICTION…

Court: United States District Court, S.D. Ohio, Western Division

Date published: Apr 3, 2006

Case No. 3:05-cv-223 (S.D. Ohio Apr. 3, 2006)

Opinion

Case No. 3:05-cv-223.

April 3, 2006

ORDER STRIKING NOTICE OF DEPOSITION

MICHAEL MERZ, Magistrate Judge

This case is before the Court sua sponte upon the filing by Defendant of a Notice of Deposition of the Plaintiff (Doc. No. 9).

The Notice is stricken pursuant to Fed.R.Civ.P. 5(d) which prohibits the filing of depositions "until they are used in the proceeding. . . ." The Advisory Committee comment to the 2000 amendments to Rule 5(d) notes that notices of deposition are intended to be included within the word "depositions."

This Order does not affect in any way the validity of the Notice of Deposition. April 1, 2006.