Tedder v. American Railcar Industries Inc

Filing 69

ORDER denying 63 Plaintiff's Amended Motion to allow use of deposition designations. Accordingly, Tedder's 53 Motion to allow use of deposition designations is also denied. Signed by Judge Brian S. Miller on 3/23/2012. (jct)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
GEORGE TEDDER
v.

PLAINTIFF
CASE NO. 3:09CV00186 BSM

AMERICAN RAILCAR INDUSTRIES, INC.

DEFENDANT

ORDER
Plaintiff George Tedder’s amended motion to allow use of deposition designations
[Doc. No. 63] is denied. Although Rule 32 of the Federal Rules of Civil Procedure allows
an adverse party to use the deposition of a party’s officer, director, managing agent, or
designee, the interest of judicial efficiency would best be met by the use of live testimony.
Fed. R. Civ. P. 32(a)(3). Since there has been no indication that any of the eight deponents
are unavailable for trial, the amended motion to allow use of deposition designations [Doc.
No. 63] is denied. Accordingly, Tedder’s motion to allow use of deposition designations
[Doc. No. 53] is also denied.
IT IS SO ORDERED this 23rd day of March 2012.

________________________________
UNITED STATES DISTRICT JUDGE