United States of America v. Barringer et al

Filing 45

OPINION entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff United States of America's Motion to Compel Depositions of Jerold W. Barringer and Linda M. Barringer 42 is ALLOWED. See written order. (LB, ilcd)

E-FILED

Thursday, 29 October, 2015 02:03:09 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff,
)
)
v.
)
)
JEROLD BARRINGER,
)
Individually and as trustee
)
of the Kelbar Associates Trust,
)
LINDA BARRINGER, et al.,
)
)
Defendants.
)

No. 14-3132

OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE :
This matter comes before the Court on Plaintiff United States of
America’s Motion to Compel Depositions of Jerold W. Barringer and Linda
M. Barringer (d/e 42) (Motion). For the reasons set forth below, the Motion
is ALLOWED.
The Plaintiff United States has repeatedly attempted to secure the
depositions of Defendants Jerold W. Barringer and Linda Barringer (the
Barringers) without success. The exhibits attached to the Motion show that
the Barringers have not cooperated with Plaintiff United States’ efforts to
schedule their depositions. The Plaintiff United States’ counsel has asked
the Barringers for dates, but the Barringers have not provided any. The
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Plaintiff United States finally set the depositions, but the Barringers did not
appear. The Barringers state that they need to schedule depositions six
weeks in advance to arrange work schedules so that they can appear. The
Barringers, however, have not proposed any dates six weeks in the future.
The Barringers simply have not responded to the Plaintiff United States’
requests for dates.
The Barringers’ lack of cooperation is consistent with their prior
failures to comply with discovery in this case. The Court has been required
to order them to make the disclosures required under Federal Rule of Civil
Procedure 26(a) and to respond to discovery requests. Opinion entered
May 22, 2015 (d/e 34); Opinion and Order entered June 11, 2015 (d/e 37);
Minute Entry entered June 25, 2015.
The Court therefore will set dates for these depositions. If the parties
can agree to earlier dates, they may file a joint request to modify the
schedule set by this Opinion. Absent such a joint request, the depositions
are ordered to occur at the dates set by the Court.
THEREFORE, Plaintiff United States of America’s Motion to Compel
Depositions of Jerold W. Barringer and Linda M. Barringer (d/e 42) is
ALLOWED. Defendant Linda Barringer is hereby ordered to appear on
November 16, 2015, at 9:00 a.m., at the office of Midwest Litigation
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Services, 15 S. Old State Capitol Plaza, Springfield, IL 62701, and submit
to being deposed by oral examination pursuant to Federal Rule of Civil
Procedure 30. Defendant Jerold W. Barringer, individually and as coTrustee of the Kelbar Associates Trust, is hereby ordered to appear on
November 17, 2015, at 9:00 a.m., at the office of Midwest Litigation
Services, 15 S. Old State Capitol Plaza, Springfield, IL 62701, and submit
to being deposed by oral examination pursuant to Federal Rule of Civil
Procedure 30. Each of these two depositions is hereby ordered to
commence at 9:00 a.m. and end no later than 5:00 p.m., with a one-hour
break for lunch from 12:00 p.m. to 1:00 p.m.
ENTER: October 29, 2015

s/ Tom Schanzle-Haskins
UNITED STATES MAGISTRATE JUDGE

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