Opinion
Civil Action No. 04-cv-01876-RPM.
March 28, 2006
ORDER ON MOTION FOR PROTECTIVE ORDER
Today the defendant filed a motion for protective order to prevent the deposition of Lindsey Fisher to be taken on March 29, 2006. The plaintiff filed a response. From these papers, the Court finds and concludes that counsel for the defendant agreed to a discovery deposition of non-party Lindsey Fisher on March 23, 2006, to be taken on March 29, 2006. On March 27, 2006, an amended notice of taking of the deposition was submitted to defendant's counsel referring to "a preservation deposition." Presumably, that refers to a deposition to be used as evidence at trial. That notice is untimely and in the absence of agreement by defendant's counsel, it is inappropriate. It is now
ORDERED that the motion for a protective order is denied in that a discovery deposition pursuant to Fed.R.Civ.P. 30 and 26 may proceed as scheduled for Lindsey Fisher on March 29, 2006, and it is
FURTHER ORDERED that no preservation deposition will be taken. The admissibility of portions of the deposition at trial will depend upon a requisite showing under Fed.R.Civ.P. 32.