Eddins et al v. Time Warner NY Cable, LLC

Filing 188

MINUTE ORDER denying 186 Plaintiff's Motion to Amend the Courts Order of January 16, 2015, by Magistrate Judge Michael J. Watanabe on 2/19/2015. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02521-RM-MJW
DENA M. CANNON,
JULIANA VAN TUIL, and
SUZANNA BOLDEN,
on behalf of themselves and others similarly situated,
Plaintiffs,
v.
TIME WARNER NY CABLE LLC,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion to Amend the Court’s Order of
January 16, 2015 (Docket No. 186) is DENIED.
In light of the collective nature of a FLSA action, it is often appropriate to limit the
number of depositions and to use alternative formats to reduce the cost and burden of
depositions. See, e.g., Forauer v. Vt. Country Store, Inc., 2014 WL 2612044 (D. Vt.
June 11, 2014) (allowing all 25 plaintiffs to be deposed but ordering out-of-state
plaintiffs to be deposed remotely). Here, however, Plaintiffs provide insufficient
grounds for doing so. Given the comparatively limited number (10) of depositions
currently scheduled, and limited number of out-of-state deponents (3), Defendant is well
within its rights to insist on in-person depositions. See generally Srebnik v. Dean, Case
No. 05-cv-01086-WYD-MJW, 2006 WL 2331014 (D. Colo. June 20, 2006) (ordering
one deposition to take place remotely due to showing of extreme hardship; ordering
remaining deposition to be in person because “the rem aining plaintiffs have failed to
demonstrate extreme hardship”).

Date: February 19, 2015