Opinion
97 Civ. 09361 (LAK)
February 22, 2002
ORDER
Plaintiff Rickman appeals from an order of Magistrate Judge Henry B. Pitman which directed him to appear for a deposition at the offices of defendants' counsel in New York City on February 25, 2002 at 10:00 a.m. He contends that appearing on that date would be an undue hardship.
In order to overturn a discovery order by a Magistrate Judge, an appellant must show either an error of law or an abuse of discretion. No such showing has been made. In view of the circumstances set forth in Judge Pitman's order of February 15, 2002, which denied Rickman's motion for reconsideration and which Rickman did not see fit to bring to the Court's attention in his appeal, it is perfectly evident that Judge Pitman acted well within the limits of his broad discretion. Any hardship Rickman will suffer quite evidently is attributable to gamesmanship practiced by him or on his behalf.
Order appealed from affirmed.
SO ORDERED.