Bernath v. Seavey

Filing 145

ORDER granting 130 Defendants' Motion for Permission to Conduct Plaintiff's Deposition at Courthouse. Signed by Magistrate Judge Carol Mirando on 2/15/2017. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DANIEL A. BERNATH,
Plaintiff,
v.

Case No: 2:15-cv-358-FtM-99CM

MARK CAMERON SEAVEY,
Defendant.
ORDER
This matter comes before the Court upon review of Defendants’ Motion for
Permission to Conduct Plaintiff’s Deposition at Courthouse (Doc. 130) filed on
February 2, 2017. Defendant Mark Cameron Seavey and Intervenor-Defendant The
American Legion state that they have tentatively scheduled Plaintiff’s deposition to
take place on February 27, 2017. Doc. 130 at 1. They request permission to conduct
the deposition at the United States Courthouse in Fort Myers, Florida due to security
concerns.

Id. at 1-5.

Plaintiff has filed a response in opposition.

Doc. 143.

Plaintiff’s does not object to his deposition being taken, but he objects to it taking
place at the courthouse. Id. at 7. In another motion, however, Plaintiff requests
“an order be made that no weapons of any kind be permitted with the deposition room
or the deposition building whilst my deposition is being taken.” Doc. 115 at 2. The
Federal Rules of Civil Procedure allow the Court in which the action is pending to
designate the time or place in which discovery is to take place. Fed. R. Civ. 26(c)(1).

Because both parties have expressed safety and security concerns, the Court finds
good cause to grant the motion. 1 See Docs. 130; 115.
ACCORDINGLY, it is hereby
ORDERED:
1. Defendants’ Motion for Permission to Conduct Plaintiff's Deposition at
Courthouse (Doc. 130) is GRANTED.
1. Plaintiff shall appear for his deposition on Monday, February 27, 2017 at
9:00 A.M. at the United States Courthouse & Federal Building, 2110 First
Street Fort Myers, Florida 33901.
2. Counsel for The American Legion or Seavey shall reserve a conference room
for the deposition by contacting Mark Middlebrook, Division Manager at
[phone], five days in advance of the scheduled deposition. Only one
counsel shall contact the Clerk for the deposition. The contacting counsel
should be prepared to provide the number of people attending the
deposition and the approximate time required to take the deposition. The
parties are responsible for providing their own court reporters. Courtroom
Security Officers are available to be present for the deposition if necessary.

The parties’ discovery deadline was January 31, 2017. Doc. 113. Because the
Court is granting this motion, the discovery deadline will be extended to February 27, 2017
solely for the purpose of conducting Plaintiff’s deposition.
1

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DONE and ORDERED in Fort Myers, Florida on this 15th day of February,
2017.

Copies:
Counsel of record
Pro Se Plaintiff

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