Beech v. Select Portfolio Servicing Inc et al

Filing 61

ORDER granting in part 58 Motion for Sanctions Beech must pay the reasonable expenses caused by his failure to appear at the May 19 2011 deposition, and Wells Fargo has until June 24, 2011 to certify the fees and expenses incurred. Discovery ddl is extended until June 15, 2011, and the dispositive motion ddl is extended until June 30 2011. Beech is directed to appear for a deposition by Wells Fargo on June 13, 2011 at 9:00 a.m.. Signed by Judge D. P. Marshall Jr. on 5/27/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

HARVEY BEECH

v.

PLAINTIFF
Case No. 4:10-cv-547-DPM

WELLS FARGO BANK, N.A. AS
TRUSTEE FOR THE HOLDERS
OF THE FIRST FRANKLIN MORTGAGE
LOAN TRUST 2006-FF15
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES
DEFENDANT/COUNTERPLAINTIFF
2006-FF15

v.

HARVEY BEECH

COUNTERDEFENDANT

ORDER
Wells Fargo's motion for sanctions or, alternatively, to compel and for
expenses, Document No. 58, is granted in part. Beech must pay the reasonable
expenses, including attorney's fees, caused by his failure to appear at the 19
May 2011 deposition. FED. R. ClV. P. 37(d)(3). Wells Fargo has until 24 June
2011 to certify the fees and expenses incurred. The Court will evaluate the
submission for reasonableness.

The discovery deadline is extended until 15 June 2011.
dispositive motion deadline is extended until 30 June 2011.

And the
All other

deadlines remain unchanged.
The Court directs Beech to appear for a deposition by Wells Fargo on 13
June 2011 at 9:00 a.m. Wells Fargo shall promptly issue notice with all the
other particulars.

Beech must appear at this deposition and bring all

documents subpoenaed. If he does not do so, the Court will order him to
show cause why he should not be held in contempt and subject to further
sanctions. The Court directs Wells Fargo to produce a representative with
knowledge for deposition by Beech on 14 June 2011 at 9:00 a.m. Beech shall
promptly issue notice with all the other particulars. The depositions must be
completed on these dates unless the parties can find other mutually agreeable
dates before the discovery cutoff.
So Ordered.

D.P. Marshall Jr. t9
Untied States District Judge

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