Opinion
Civil No. 00-1826 DJS/RLP
February 26, 2002
ORDER GRANTING DEFENDANT'S OPPOSED MOTION TO EXTEND DISCOVERY DEADLINE FOR THE LIMITED PURPOSE OF TAKING THE DEPOSITION OF JOHN E. HARRISON
THIS MATTER HAVING come before the court on Defendant John R. Parrott's Opposed Motion to Extend Discovery Deadline for the Limited Purpose of Taking the Deposition of John E. Harrison (Docket No. 46), the court having read the motion, the memoranda in support of and in opposition to the motion and otherwise being fully advised, finds that the motion is well-taken and will be GRANTED.
The discovery cut-off date in this case was January 7, 2002. On December 17, 2001, Defendant made inquiry of Plaintiff's counsel as to the availability of his client for the scheduling of a Fed.R.Civ.R. 30(b)(6) deposition. There was no response to this request. Given the fact that there was no response, Defendant forwarded a notice of deposition for Mr. Harrison on December 31, 2001. The notice of deposition set forth the scheduling of the deposition for January 7, 2002. Although this does not comply with D.N.M.LR-Civ.30.1, it is clear that the parties had previously agreed to provide each other with reasonable extensions of time upon request. Therefore, Defendant John R. Parrot was reasonable in his belief that a short extension would be granted to take the deposition of Mr. Harrison beyond the discovery deadline. Therefore, the non-compliance with our local rules is not dispositive.
IT IS THEREFORE ORDERED that Defendant's Opposed Motion to Extend Discovery Deadline for the Limited Purpose of Taking the Deposition of John E. Harrison is granted.
IT IS FURTHER ORDERED that the deposition of Mr. Harrison shall be taken no later than April 30, 2002.
IT IS SO ORDERED.