Opinion
Civil Action No. 5:02CV-93-R
December 11, 2002
ORDER
On September 13, 2002, Defendant noticed the Plaintiffs to appear in Princeton, Kentucky for depositions. Plaintiffs have asked the Court for a protective order pursuant to Fed.R.Civ.P. 26(c) that would Limit the time and place for their depositions (Dkt. # 12). Plaintiffs, who are Mexican nationals, some of whom are living in Mexico, claim that requiring them to appear in Princeton would impose an undue hardship, as they lack both the resources and legal authorization to travel to Kentucky. Contreras is currently in Kentucky on a H-2A visa and shall present himself for a deposition locally. Huerta lacks authorization to enter the United States.
IT IS ORDERED:
Plaintiffs' motion is denied as to Contreras and granted as to Huerta. The September 13, 2002 deposition notice is quashed. Defendant shall be entitled to depose Huerta (1) telephonically, (2) through written questions, or (3) in person at the Texas-Mexico border or at Plaintiffs place of residence within Mexico, with each side bearing its own costs. If Huerta receives authorization to enter the United States, his deposition may be taken in Paducah or other mutually agreeable location.