Echenique v. Goodwill, Inc.

Filing 48

MINUTE ORDER granting 44 Defendant Goodwill Industries of Denver's Motion to Compel Plaintiff to Appear in Colorado for Depositions. Defendant shall advise the court in writing of the date and time set for the deposition of plaintiff, which shall be set on or before November 28, 2013. By Magistrate Judge Michael J. Watanabe on 11/4/2013.(mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00556-PAB-MJW
IVETTE T. ECHENIQUE,
Plaintiff(s),
v.
GOODWILL INDUSTRIES OF DENVER,
Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendant Goodwill Industries of Denver’s Motion to
Compel Plaintiff to Appear in Colorado for Depositions (docket no. 44) is GRANTED as
follows.
Plaintiff is representing herself pro se. Plaintiff currently resides in Alexandria,
Louisiana. Based upon Plaintiff’s response (docket no. 44), Plaintiff’s mother is ill and
needs Plaintiff to take care of her. Plaintiff argues in her response that her mother
cannot travel due to her health condition. Moreover, Plaintiff argues that due to her own
medical condition, she should not travel to Colorado as well. Plaintiff has not provided
any medical documentation attached to her response (docket no. 44) demonstrating
that she cannot travel. Further, Plaintiff states in her response (docket no. 44): “I need
to target my attention towards my mothers [sic] health and my own at this time. I
explained this to defendant. I even tried to ask them to accommodate and travel
to La [sic] or via teleconference and they state ‘no’.”
Here, the court finds that the Plaintiff filed this lawsuit in the District of Colorado
on March 4, 2013. See Title VII Complaint (docket no. 1). Plaintiff picked the forum to
file this lawsuit. Generally, a Plaintiff’s deposition must be taken in the jurisdiction in
which she filed her complaint because she subjected herself to that jurisdiction by virtue
of filing a complaint in that forum unless Plaintiff can demonstrate “extreme hardship.”
Srebnik v. Dean, Civil Action No. 05-cv-01086-WYD-MJW, 2006 WL 2331014, at , at *1
(D. Colo. June 20, 2006). Moreover, a Plaintiff is generally required to bear any
reasonable burdens or inconvenience that the action presents, including travel for
depositions. See Gipson v. Sw. Bell Tel. Co., 2008 WL 4499972, at U.S. Dist. LEXIS
77481, AT *5 (D. Kan. Oct. 1, 2008).

2
This court further finds that costs to travel from Louisiana to Colorado do not rise
to the level of “extreme hardship.” However, this court is sensitive of the fact that
Plaintiff is caring for her mother who is ill.
Accordingly, it is FURTHER ORDERED that Plaintiff has the option to either
make arrangements for her mother’s care and travel to Colorado to have her deposition
taken or pay the reasonable travel costs for Defendant’s attorney [i.e., one attorney] to
fly to Louisiana to take her deposition in her home town of Alexandria, Louisiana. The
reasonable travel costs shall include round trip coach airfare from Denver, Colorado, to
Alexandria, Louisiana; lodging for one night in Alexandria, Louisiana; car rental for one
day; and meals not to exceed $60.00. The parties shall forthwith meet, confer, and set
Plaintiff’s deposition consistent with this order, and defendant shall advise the court in
writing of the date and time set for the deposition of plaintiff, which shall be set on or
before November 28, 2013.
Date: November 4, 2013