Moore v. Walgreens Co.

Filing 13

ORDER granting 12 Motion to Compel Deposition. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 7/30/2015. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
JAMES MOORE, JR. , as Personal
Representative of THE ESTATE OF
TERRI ANN MOORE
Plaintiff,
v.

Case No: 5:14-cv-670-Oc-30PRL

WALGREENS CO.
Defendant.

ORDER
This wrongful death action is before the Court for consideration of Defendant’s Unopposed
Motion to Compel Deposition of Plaintiff James Moore, Jr., pursuant to Rule 37 of the Federal
Rules of Civil Procedure (Doc. 12).
Defendant recites that Plaintiff James Moore, Jr., is the Personal Representative of the
Estate of Terri Ann Moore, as well as decedent’s husband. Plaintiff’s Complaint alleges that the
decedent, Terri Anne Moore, sustained an injury during a slip and fall at Defendant’s Walgreens
store on July 21, 2011, and that the resulting grief and depression from that injury caused the
decedent to commit suicide on October 6, 2013. (Doc. 2).
Defendant scheduled and properly noticed the deposition of Plaintiff, James Moore, Jr., on
June 17, 2015 in Ocala, Florida, and later on July 22, 2015. Defendant recites that it has been
forced to cancel the deposition of Plaintiff on both occasions due to Plaintiff’s failure to appear for
his deposition and, apparently, due to his failure to communicate and cooperate with his own
counsel. Defendant’s motion recites that counsel for Plaintiff consents to the relief requested.

Accordingly, pursuant to Fed. R. Civ. P. 37, Defendant’s Unopposed Motion to Compel
Deposition of Plaintiff is GRANTED, and Plaintiff James Moore Jr. is ORDERED to appear for
his properly noticed deposition within 45 days of the date of this Order. Plaintiff is cautioned that
failure to comply with this Order could result in sanctions under Fed. R. Civ. P. 37(b)(2)(A), which
may include dismissal of this action in whole or in part.
DONE and ORDERED in Ocala, Florida on July 30, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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