Sierra v. Stonebridge Life Insurance Company

Filing 40

MINUTE ORDER granting 38 Defendant's Motion to Modify Scheduling Order. By Magistrate Judge Kathleen M. Tafoya on 11/17/11.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 10–cv–03123–PAB–KMT

MARTHA SIERRA,
Plaintiff,
v.
STONEBRIDGE LIFE INSURANCE COMPANY, f/d/b/a J.C. PENNEY LIFE INSURANCE
COMPANY, a Vermont corporation,
Defendant.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Defendant’s “Motion to Modify Scheduling Order” (Doc. No. 38, filed Nov. 17, 2011) is
GRANTED. Although the duration of a deposition is ordinarily “limited to 1 day of 7 hours,”
the court “must allow additional time consistent with Rule 26(b)(2) if needed to fairly examine
the deponent.” Fed. R. Civ. P. 30(d)(1). Federal Rule of Civil Procedure 26(b)(2) further
provides that, “[b]y order, the court may alter the limits in these rules . . . on the length of
depositions under Rule 30.”
The court finds that additional time is necessary to fairly examine Plaintiff due to: (1) Plaintiff’s
health issues and the complications created by her ingestion of prescription drugs at her
November 10, 2011 deposition; (2) the need to translate counsel’s English-language questions
into Spanish, and Plaintiff’s Spanish-language answers and inquiries into English; (3) and the
need to translate a number of audio recordings into Spanish. Accordingly, Defendant shall be
allowed 16 hours to depose Plaintiff, with a maximum of seven hours per day.
Dated: November 17, 2011