Haskett v. Flanders et al

Filing 104

ORDER; Plaintiff's 102 Rule 37 Motion to Compel Deposition is GRANTED in part, as follows: IT IS FURTHER ORDERED that Defendant shall sit for his deposition with the Court presiding on July 27, 2015 at 10:00 a.m. at the Alfred A. Arraj Unit ed States Courthouse located at 901 19th Street, Denver, Colorado. The deposition shall take place in the undersigned's jury room, located on the Fourth Floor of the Alfred A. Arraj United StatesCourthouse. IT IS FURTHER ORDERED that Plaintiff shall arrange to have a court reporter present in order to record the deposition. Any further attempt by Defendant to further delay or obstruct the taking of his deposition will result in the imposition of monetary sanctions and/or a recommendation that default judgment be entered against him, by Magistrate Judge Kristen L. Mix on 7/8/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03392-RBJ-KLM
PHILLIP DAVID HASKETT,
Plaintiff,
v.
GARY WOODROW FLANDERS,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Rule 37 Motion to Compel Deposition
[#102]1 (the “Motion”). On June 11, 2015, the Court ordered Defendant to sit for his
deposition at a location of Plaintiff’s choice within the City of Colorado Springs no later than
July 13, 2015. Order [#93]. Plaintiff thereafter appropriately noticed the deposition for July
6, 2015 at 10:00 a.m. in a conference room at First Bank of Colorado Springs. Second
Notice of Deposition of Defendant [#94]; Motion [#102] at 2. When Defendant arrived at
the bank, he purportedly informed the branch manager that this case involved alleged
threats by Plaintiff of murder and rape against Defendant. Motion [#102] at 2. With this
new information about the conflict between Plaintiff and Defendant, the bank’s branch
manager asked that they not take the deposition there at the bank. Deposition [#102-1] at
1

“[#102]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court's case management and electronic case filing system
(CM/ECF). This convention is used throughout this Order.

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4. Plaintiff was able to find an immediately-available alternate location at the El Paso
County Combined Courthouse, about six miles from the bank. Motion [#102] at 3. He
informed Defendant of this change of venue and that the deposition would reconvene one
hour later at 11:00 a.m. Deposition [#102-1] at 4-5. Defendant stated that he would only
show up at the new time and place for his deposition if Plaintiff provided him with a proper
deposition notice. Id. Plaintiff reconvened the deposition at the new location and went on
the record to state that Defendant did not appear, despite waiting until approximately 11:30
a.m. Id. at 6-7. In the Motion, Plaintiff seeks to compel Defendant to sit for his deposition.
Motion [#102] at 1. Plaintiff proposes to take the deposition at the Fourth Judicial District
El Paso County Combined Courthouse on July 27, 2015. Id. at 5.
IT IS HEREBY ORDERED that the Motion [#102] is GRANTED in part, as follows.
IT IS FURTHER ORDERED that Defendant shall sit for his deposition with the Court
presiding on July 27, 2015 at 10:00 a.m. at the Alfred A. Arraj United States Courthouse
located at 901 19th Street, Denver, Colorado. The deposition shall take place in the
undersigned’s jury room, located on the Fourth Floor of the Alfred A. Arraj United States
Courthouse.2
IT IS FURTHER ORDERED that Plaintiff shall arrange to have a court reporter
present in order to record the deposition.
Any further attempt by Defendant to further delay or obstruct the taking of his
deposition will result in the imposition of monetary sanctions and/or a recommendation that

2

The parties shall inform Chambers of their arrival by using the buzzer/speaker system on
the wall located to the right of the undersigned’s courtroom.

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default judgment be entered against him.

Dated: July 8, 2015

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