Hardy v. Osinowo et al

Filing 35

ORDER granting 32 Plaintiff's Motion to Compel discovery arising from Defendant Osinowo's failure to appear for his deposition. Defendant Osinowo is directed to appear for his deposition at the date & time set by the parties. Plaintiff's request for the imposition of sanctions & costs is denied at this time. Signed by Judge James M. Moody on 3/7/2011. (jct)

Hardy v. Osinowo et al

Doc. 35

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION DEMETRIUS HARDY VS. 3:10CV00204JMM PLAINTIFF

OLUSEYI T. OSINOWO; ARMSTRONG TRANSFER AND STORAGE, INC./ ARMSTRONG RELOCATION COMPANY, AND UNITED VAN LINES, LLC ORDER

DEFENDANT

Pending is Plaintiff's motion to compel discovery arising from Defendant Osinowo's failure to appear for his deposition. (Docket # 32). Defendants have filed a response. Defendants do not dispute the facts supporting Plaintiff's motion. However, Defendants request that Defendant Osinowo be afforded another opportunity in which to appear for his deposition without the imposition of sanctions. The Court finds that Plaintiff's motion to compel should be and hereby is GRANTED. Defendant Osinowo is directed to appear for his deposition at the date and time set by the parties. Plaintiff's request for the imposition of sanctions and costs1 is denied at this time. IT IS SO ORDERED this 7th day of March, 2011.

______________________________ James M. Moody United States District Judge

Because the depositions of Armstrong were completed on the same date Defendant Osinowo failed to appear, the Court finds an award of expenses unjust.

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