Doe et al v. McAfee et al

Filing 114

MINUTE ORDER granting 105 Motion to Compel Plaintiffs Jane and John Doe's Attendance at a Deposition in Colorado by Magistrate Judge Michael J. Watanabe on 4/21/15.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01287-MSK-MJW
JOHN DOE,
JANE DOE,
E.C., by her parents and next friends,
E.S.C., by his parents and next friends, and
J.C., by his parents and next friends,
Plaintiffs,
v.
JOANNA MCAFEE,
LISA LITTLE,
JOEY HARRIS,
MITCHELL MIHALKO, and
CHAD HAYNES,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendants’ Motion to Compel Plaintiffs Jane and
John Doe’s Attendance at a Deposition in Colorado (Docket No. 105) is GRANTED.
Plaintiffs are generally expected to appear for depositions in the forum in which they
filed their lawsuit. Srebnik v. Dean, Case No. 05-cv-01086-WYD-MJW, 2006 WL
2331014 (D. Colo. June 20, 2006). Although that presumption can be overcome on
appropriate circumstances – such as where the deponent, though a party to the action,
lives a substantial distance from the forum and cannot reasonably be expected to travel
for some reason – it has not been overcome here. Plaintiffs’ belief that El Paso County
may retaliate against them in some unspecific manner is insufficient.
It is therefore ORDERED that (1) Plaintiff’s John Doe and Jane Doe shall appear
in Colorado for their depositions in this case; and (2) as offered in their Motion to
Compel (see Docket No. 105 ¶ 2(f)), Defendants shall pay round-trip coach airfare for
Plaintiffs’ travel for purposes of these depositions.
Date: April 21, 2015