ANDERSON v. LOFLAND

Filing 81

ORDER AWARDING SANCTIONS AND GIVING THE PLAINTIFF A FINAL OPPORTUNITY TO APPEAR FOR HIS DEPOSITION. ACCEPTING 77 REPORT AND RECOMMENDATION. DENYING 66 Motion to Dismiss. The plaintiff must pay the defendant $995 in expenses. Signed by JUDGE ROBERT L HINKLE on 4/16/11. (pll)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

GEOFFREY H. ANDERSON,
Plaintiff,
v.

CASE NO. 4:09cv134-RH/WCS

ANDREW DAWSON et al.,
Defendants.
____________________________________/
ORDER AWARDING SANCTIONS AND GIVING THE PLAINTIFF
A FINAL OPPORTUNITY TO APPEAR FOR HIS DEPOSITION
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 77, and the objections, ECF No. 79. I have reviewed de
novo the issues raised by the objections. Upon consideration,
IT IS ORDERED:
1. The report and recommendation is ACCEPTED and adopted as the
court’s opinion.
2. The defendants’ motion to dismiss, ECF No. 66, is DENIED.
3. The plaintiff may change his address of record at any time by filing a
notice of change of address. The plaintiff may establish a telephone number of

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record by filing a notice listing a telephone number at which he can be reached.
4. The defendant may schedule the plaintiff’s deposition in Tallahassee by
sending a written notice to the plaintiff at his address of record. The notice must
be mailed at least 14 days before the scheduled deposition. The defendant may
select the date for the deposition without consulting with the plaintiff. But if the
plaintiff establishes a telephone number of record at least seven days before the
scheduled deposition, the defendant must attempt to reach the plaintiff by
telephone to advise him of the date and to discuss rescheduling the deposition in
accordance with the next sentence. If the plaintiff asks by telephone at least seven
days before the scheduled deposition, or asks in a writing actually received by the
defendant’s attorney at least seven days before the scheduled deposition, the
defendant must reschedule the deposition to an alternate date—if there is one—that
is (a) reasonably available on the defendant’s attorney’s calendar, (b) preferred by
the plaintiff, and (c) not more than 14 days after the originally scheduled date. If
no such alternate date exists, the deposition will go forward on the originally
scheduled date.
5. If the plaintiff fails to appear for a deposition duly scheduled in
accordance with this order, the case will be dismissed. Plaintiff will not be given
yet another chance to comply with his obligation to appear for a deposition.
6. The plaintiff must pay the defendant $995 in expenses incurred as a result
Case No: 4:09cv134-RH/WCS

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of the plaintiff’s failure to appear for his deposition.
SO ORDERED on April 16, 2011.
s/Robert L. Hinkle
United States District Judge

Case No: 4:09cv134-RH/WCS