Kayser et al v. McClary

Filing 91

MEMORANDUM DECISION AND ORDER granting 87 Motion to Take Deposition from Scott Richardson, Maria Squire and Judy Estes; denying as this time 90 Motion to Continue. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by krb)

UNITED STATES DISTRICT COURT
DISTRICT OF IDAHO

DONALD KAYSER and MARY KAY
KAYSER,

Case No.: 10-00119-REB
MEMORANDUM DECISION AND
ORDER RE:

Plaintiffs,
vs.

DEFENDANT’S MOTION FOR
LEAVE TO CONDUCT DISCOVERY
(Docket No. 87)

PAM JANE McCLARY,
Defendant.

DEFENDANT’S MOTION TO
RESCHEDULE TRIAL AT A TIME
DEFENDANT’S COUNSEL IS
AVAILABLE
(Docket No. 90)

Currently pending before the Court are Defendant’s (1) Motion for Leave to Conduct
Discovery (Docket No. 87), and (2) Motion to Reschedule Trial at a Time Defendant’s Counsel
is Available (Docket No. 90). Having carefully reviewed the record and otherwise being fully
advised, the Court enters the following Memorandum Decision and Order:
I. DISCUSSION
On March 7, 2011, this Court granted Defendant’s Motion to Vacate Trial and vacated
the March 14, 2011 trial date. See 3/7/11 CMO (Docket No. 77). On March 10, 2011, the Court
re-set trial for May 16, 2011. See Order Setting Trial, p. 1 (Docket No. 79). Defendant now
seeks to vacate the May 16, 2011 trial date, arguing: (1) Defendant’s counsel has a trial in

MEMORANDUM DECISION AND ORDER - 1

Canyon County scheduled for May 17-19, 2011;1 (2) Defendant’s counsel has a trial in Owyhee
County scheduled on May 24, 2011; and (3) Defendant’s counsel will have only two attorneys
available in mid-May, 2011. See Def.’s Mot. to Reschedule Trial, p. 2 (Docket No. 90).
The Court will deny Defendant’s Motion to Reschedule Trial (Docket No. 90) at this
time, revisiting the issue (if still existing) at the May 5, 2011 pre-trial conference. Relatedly, all
deadlines identified in the Court’s March 10, 2011 Order Setting Trial remain in effect, unless
otherwise ordered by the Court.
In the meantime, Defendant is permitted to depose the three individuals identified in her
Motion for Leave to Conduct Discovery (Docket No. 87): (1) Scott Richardson, (2) Maria
Squire, and (3) Judy Estes. These individuals are located in Boise, Idaho and would appear to
have limited information on discrete issues related to this action. In other words,
notwithstanding any difficulties that may exist in scheduling these depositions in time for trial,
they should not be particularly time-consuming. The depositions shall take place consistent with
the Federal Rules of Civil Procedure. However, the parties are on notice that, (1) given the
apparent availability of these deponents for most of the pre-trial period, and (2) given the timing
of Defendant’s recent request, the Court is not inclined to vacate the existing trial date in the
event Defendant is unable to secure the requested depositions before that time.
II. ORDER
Based on the foregoing, IT IS HEREBY ORDERED that Defendant’s Motion for Leave
to Conduct Discovery (Docket No. 87) is GRANTED, consistent with the rationale outlined

1

After the Court re-set the trial date in this action for May 16, 2011, Defendant’s
counsel’s office contacted the undersigned’s Staff Attorney, Dan Gordon, to notify the Court of
the pending Canyon County action.
MEMORANDUM DECISION AND ORDER - 2

above. Moreover, Defendant’s Motion to Reschedule Trial at a Time Defendant’s Counsel is
Available (Docket No. 90) is DENIED at this time. The Court will revisit this latter issue at the
currently-schedule pre-trial conference on May 5, 2011.

DATED: April 19, 2011

Honorable Ronald E. Bush
U. S. Magistrate Judge

MEMORANDUM DECISION AND ORDER - 3