Opinion
Civil No. 99-712(MJD/RLE)
May 3, 2001
Clair E. Schaff and Patrick M. Connor, Connor, Satre and Schaff. L.L.P., for and on behalf of Plaintiff.
W. Perry Brandt, Jocelyn A. Villanueva and Stephen Bledsoe, Berkowitz, Feldmiller, Stanton, Brandt, Williams Shaw, LLP for and on behalf of Defendant.
ORDER
Before the Court is Defendant's motion pursuant to Fed.R.Civ.P. 26(c) for a protective order barring the deposition of Dr. Zubeida Kahn. It is Defendant's position that the proposed deposition of Dr. Kahn, currently noticed for May 11, 2001, is in disregard of this Court's Scheduling Order dated October 1, 1999, and Final Pretrial Order dated March 2, 2001, and will disrupt Ford's preparation for trial.
The Scheduling Order entered in this case, provided that discovery closed on April 3, 2000. This Order further provided that "upon agreement of counsel, or with leave of the Court, depositions in lieu of in Court testimony maybe taken after the close of discovery." The Final Pretrial Order issued on March 2, 2001, provided that all deposition designations must be filed by April 25, 2001. On April 23, 2001, counsel for Defendant received a subpoena and deposition notice for Dr. Kahn in Hawaii on May 11, 2001.
The parties later stipulated to an extension of the discovery deadline to April 17, 2000.
Plaintiff admits that pursuant to the Orders of this Court, Plaintiff was required to either obtain the consent of Defendant's counsel or leave of the Court prior to submitting the subpoena and deposition notice for Dr. Kahn, and failed to do so. Plaintiff has, however, made a preliminary showing that Dr. Kahn's testimony may be admissible at trial. Plaintiff also indicated some difficulty in locating Dr. Kahn. The Court will thus allow the deposition to be taken, under the parameters outlined below, but will assess reasonable costs against Plaintiff for its violation of this Court's pretrial orders.
IT IS HEREBY ORDERED:
1. Defendant's Motion for a Protective Order is DENIED.
2. Plaintiff may notice the deposition of Dr. Kahn, provided that counsel for Defendant is given at least eight days prior notice of the deposition time, and that such notice of deposition is served no later than May 18, 2001. If the deposition is taken, Plaintiff will file her deposition designations on or before June 15, 2001. Any objections to such deposition designations shall be made on or before June 29, 2001, and the response to such objections shall be made on or before July 6, 2001.
3. The trial date in this matter is tentatively scheduled for July 23, 2001.
4. Plaintiff is assessed reasonable costs in the amount of $500, payable to Defendant.