Shiman et al v. Nissan Motor Co., Ltd et al

Filing 26

ORDER requiring expedited response by Plaintiffs and Randall Powell, M.D., and requiring service upon Dr. Powell by Defendants, and setting hearing regarding 25 Defendant's MOTION for Contempt and to Compel the Deposition of Randall Powell, M.D. Please see Order for details. Signed by Magistrate Judge Robin S. Rosenbaum on 12/31/2008. (RSR)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-60052-CIV-DIMITROULEAS/ROSENBAUM

DAVID I. SHIMAN and DONNA G. SHIMAN, Plaintiffs, v. NISSAN MOTOR CO., LTD., a foreign corporation; and NISSAN NORTH AMERICA, INC., a foreign corporation, Defendants. /

ORDER This matter comes before the Court upon Defendants's Motion for Contempt and to Compel the Deposition of Randall Powell, M.D., and to Allow the Deposition to Occur After the Discovery Date [D.E. 25]. Upon review of Defendants' Motion and noting the imminent discovery cut-off of January 2, 2009, the Court finds good cause to expedite the briefing and hearing in this matter. It is therefore ORDERED AND ADJUDGED as follows: 1. Randall Powell, M.D., shall file a written response to Defendants' Motion by no later than 5:00 p.m., Tuesday, January 6, 2009. 2. Plaintiffs shall file a written response to Defendants' Motion indicating whether they oppose it, and, if they do, stating why with applicable legal support, by no later than 5:00 p.m., Tuesday, January 6, 2009. 3. Should Defendants so choose, they may file a reply by no later than 5:00 p.m.,

Wednesday, January 7, 2009. 4. A hearing shall be held on Defendants' Motion on Thursday, January 8, 2009, at 9:30 a.m. 5. Counsel for Defendants shall ensure that Randall Powell, M.D., and his counsel receive a copy of this Order immediately upon Defendants' attorneys' receipt of it. DONE AND ORDERED this 31st day of December, 2008.

ROBIN S. ROSENBAUM UNITED STATES MAGISTRATE JUDGE cc: Hon. William P. Dimitrouleas Counsel of Record

-2-