Opinion
Case No. 08-CV-10075.
February 11, 2009
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S "MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR FAILING TO PROVIDE DISCOVERY"
Pending before the court is Defendant Robert Leosh's "Motion to Dismiss Plaintiff's Complaint for Failing to Provide Discovery," filed December 17, 2008. On February 10, 2009, the court held a hearing on the matter. For the reasons stated on the record,
IT IS ORDERED that Defendant Robert Leosh's "Motion Dismiss Plaintiff's Complaint for Failing to Provide Discovery" [Dkt. # 72] is GRANTED IN PART and DENIED IN PART. It is GRANTED with respect to the request that Plaintiff appear for a deposition and is DENIED in all other respects.
IT IS FURTHER ORDERED that Plaintiff appear for a deposition, not to exceed two and one-half hours of direct examination, on February 12, 2009 at 9:00 a.m. at Bienestock Court Reporting.
This time limitation does not include objections or any breaks.