Equal Employment Opportunity Commission v. Ranger Tool & Die Inc

Filing 36

ORDER partly granting and partly denying 33 motion; granting the Commission's unopposed request to depose Roberts outside the discovery period by 10/4/2024; and a Third Amended Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 9/3/2024. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

PLAINTIFF

No. 3:22-cv-247-DPM

V.

RANGER TOOL & DIE, INC.

DEFENDANT
ORDER

1.

The Commission seeks an Order directing Brandon Roberts,

a nonparty, to show cause for his failure to attend a subpoenaed

deposition. That request is denied. The Commission served Roberts
with the subpoena on Thursday, 1 August 2024. The deposition was
for Tuesday, 6 August 2024. Absent some extraordinary circumstance,

which was not shown, a reasonable amount of time for Roberts to

comply was not provided. Fed. R. Civ. P. 45(d)(3)(A)(i); 9A ARTHUR R.
MILLER, FEDERAL PRACTICE AND PROCEDURE § 2463.1, at nn.8 & 12

(3d ed.) (collecting cases).
2.

The Commission's unopposed request to depose Roberts

outside the discovery period is granted. The Commission may do so

by 4 October 2024.
3.

The remaining deadlines and the trial date must be moved.

A Third Amended Final Scheduling Order will issue.

*

*

*

Motion, Doc. 33, partly granted and partly denied.

So Ordered.
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D.P. Marshall Jr.
United States District Judge
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