Tribe v. U.S. Army Corps of Engineers

Full title: YANKTON SIOUX TRIBE, and its individual members, Plaintiffs, v. UNITED…

Court: United States District Court, D. South Dakota, Southern Division

Date published: Aug 29, 2007

CIV 02-4126 (D.S.D. Aug. 29, 2007)

Opinion

CIV 02-4126.

August 29, 2007

ORDER

LAWRENCE PIERSOL, Chief District Judge

Pending before the Court is Plaintiffs' Motion to Conduct Discovery Out of Time, Doc. 315, in which Plaintiffs request permission to depose the Federal Defendants' expert witness, Mr. James Muhn, after the time for the completion of discovery. The Federal Defendants agree to the late deposition provided the Plaintiffs agree to pay Mr. Muhn's fees and mileage prior to taking his deposition, that the deposition take place in Denver, Colorado, and that the deposition be conducted when all parties and Mr. Muhn are available. After consideration of the Motion and the file in this matter,

IT IS ORDERED:

1. That the Plaintiffs' Motion to Conduct Discovery Out of Time, Doc. 315, is granted, and the deposition of James Muhn, the Federal Defendants' expert witness, may be taken after the discovery deadline.

2. That the Plaintiffs shall pay Mr. Muhn's fees and mileage prior to taking his deposition.

3. That the deposition shall take place in Denver, Colorado.

4. That the deposition shall be conducted when all parties and Mr. Muhn are available.