Shell v. Henderson et al

Filing 1127

ORDER OF CLARIFICATION; granting 1122 Motion to Clarify. By Magistrate Judge Kathleen M. Tafoya on 3/18/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya

Civil Action No. 09–cv–00309-MSK-KMT
SUZANNE SHELL,
Plaintiff,
v.
LEONARD HENDERSON,
FAMILIES AT RISK DEFENSE ALLIANCE,
FRANCINE RENEE CYGAN,
ILLINOIS FAMILY ADVOCACY COALITION,
GEORGIA FAMILY RIGHTS, INC.,
NATIONAL ASSOCIATION OF FAMILY ADVOCATES,
CONNECTICUT DCF WATCH,
BRENDA SWALLOW, and
RANDALL BLAIR,
Defendants.

ORDER OF CLARIFICATION

This matter is before the court on “Plaintiff’s Request for Clarification as to Order
[1117]” [Doc. No. 1122] filed March 17, 2013.
Plaintiff seeks clarification from the court concerning the use of a Crestview, Florida,
court reporter for the deposition of Brenda Swallow on March 22, 2013, as is noted in the
Minutes of the March 13, 2013. Although Defendant Swallow has repeatedly requested that her
deposition be conducted in such a manner to allow her to appear in her home and utilize a Skype

connection, the Plaintiff has heretofore been unwilling to do this.1 Apparently, she has
reconsidered her position and is now willing to allow Defendant Swallow to appear via a Skype
internet connection while Plaintiff will appear at a Colorado location with a Colorado court
reporter.2 As Defendant Swallow has been urging this solution, the court is confident that she
will have no objection to this procedure.
Therefore, the court will modify its March 13, 2013, order which states, “Plaintiff shall
make arrangements with a Crestview, Florida court reporter and schedule the deposition at an
appropriate location in Crestview and for an appropriate length of time” to instead allow the
following:
Plaintiff shall make arrangements with a court reporter of her choosing and
schedule Ms. Swallow’s deposition at an appropriate location in Crestview,
Florida, and for an appropriate length of time. Ms. Shell may appear on her end
of the remote Skype deposition with a Colorado court reporter if she so chooses,
rather than hiring a Crestview, Florida, court reporter to appear either at the
reporter’s Florida office with Ms. Swallow or at Ms. Swallow’s home.
Specifically, Brenda Swallow shall appear for deposition as noticed to be taken via Skype
at a location in or near Crestview, Florida,3 where there is a high speed, unlimited internet

1

The latest request from Defendant Swallow to be allowed to stay in her home and be
deposed via Skype is contained in Defendant Swallow’s Supplement to Emergency Motion for
Protective Order . . .” [Doc. No. 1076 at 2] and confirmed in an email to Plaintiff Shell from
Defendant Swallow dated February 18, 2013 [Doc. No. 1125-2].
2

The deposition notice contained at Doc. No. 1125-1 is a notice that Ms. Shell will take
the deposition of Leonard Henderson on March 22, 2013. If this is the Notice directed to Ms.
Swallow, the Notice will require amendment.
3

The court anticipates that Ms. Swallow will appear at her home location.
2

connection where she has access to Skype services and shall also have available to her another
computer from which she can access documents relevant to the case.
It is ORDERED that “Plaintiff’s Request for Clarification as to Order [1117]” [Doc. No.
1122] is GRANTED.
Dated this 18th day of March, 2013.

3