Cairns v. UBS Financial Services, Inc. et al

Filing 46

ORDER granting 42 plaintiffs Motion to Compel Attendance of UBS Representative at Deposition. The defendant shall make Mr. Giordano available for his deposition on 04/24/2009 by Magistrate Judge Boyd N. Boland on 04/03/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 08-cv-00938-LTB-BNB DONN CAIRNS, Plaintiff, v. UBS FINANCIAL SERVICES, INC., Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the plaintiff's Motion to Compel Attendance of UBS Representative at Deposition [Doc. # 42, filed 3/26/2009] (the "Motion to Compel"). I held a hearing on the Motion to Compel this morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record: IT IS ORDERED that the Motion to Compel is GRANTED. The defendant shall make Mr. Giordano available for his deposition on April 24, 2009, in the morning Denver time. IT IS FURTHER ORDERED that the deposition of the plaintiff shall occur, if at all, after the deposition of Mr. Giordano. IT IS FURTHER ORDERED that the plaintiff may seek an award of his reasonable expenses and attorneys fees, pursuant to Fed. R. Civ. P. 37(a)(5)(A) or 28 U.S.C. § 1927, incurred in pursuing Mr. Giordano's deposition.

Dated April 3, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge