Marshall v. GE Marshall Inc et al

Filing 76

OPINION AND ORDER, GRANTING 73 Joint MOTION for Additional Time to Take Plaintiff, Casa Marshall's Deposition filed by Frank A Marshall, CRCFR Properties LLC, MBIP LLC, Joliet Road Properties LLC, Clinton E Marshall, M5 Inc, GE Marshall Inc. The defendants may take up to three (3) seven hour days to complete the plaintiff's deposition. Signed by Magistrate Judge Andrew P Rodovich on 2/8/12. (kjp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
CASA M. MARSHALL,

)
)
Plaintiff
)
)
v.
)
)
GE MARSHALL, INC.; M5, INC.;
)
MBIP LLC; TOWER ROAD LLC; JOLIET)
ROAD PROPERTIES LLC; CRCFT
)
PROPERTIES LLC; FRANK A.
)
MARSHALL; CLINTON E. MARSHALL; )
ROGER W. MARSHALL; ROSS J.
)
MARSHALL; MARIE MARSHALL; KAREN )
MARSHALL,
)
)
Defendants
)

CIVIL NO. 2:09 cv 198

OPINION AND ORDER
This matter is before the court on the Joint Motion for
Additional Time to Take Deposition of Plaintiff [DE 73] filed by
the defendants on December 13, 2011.

For the reasons set forth

below, the motion is GRANTED.
On February 28, 2011, the plaintiff, Casa M. Marshall, filed
her second amended complaint raising seven counts against 12
defendants, including violations of Title VII, the Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act
(ADA), Family Medical Leave Act (FMLA), Breach of Fiduciary Duty
to a Minority Shareholder, and Breach of Duty of Good Faith and
Fair Dealing.

The plaintiff has identified more than 30 indivi-

duals who likely have relevant discoverable information and has
produced approximately 3,784 documents which have information
potentially relevant to the subject matter.

The defendants argue

that they reasonably require more than seven hours to take the
plaintiff's deposition because of the complexity of the case.
The report of parties' planning meeting states that pursuant
to Federal Rule of Civil Procedure 30(d)(1), a deposition is
limited to one (1) day of seven (7) hours, unless authorized by
the court or stipulated by the parties.

Rule 30(d)(1) states:

Unless otherwise stipulated or ordered by the
court, a deposition is limited to 1 day of 7
hours. The court must allow additional time
consistent with Rule 26(b)(2) if needed to
fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.
Federal Rule of Civil Procedure 26(b)(2) provides that the court
may alter the length of depositions.

The Comments to the 2000

Amendment to Rule 30 explain that additional time may be justified if the examination covers events occurring over a long
period of time, if the witness will be questioned about numerous
or lengthy documents, if documents have been requested but not
produced, and in multi-party cases.

"In multi-party cases, the

need for each party to examine the witness may warrant additional
time, although duplicative questioning should be avoided and
parties with similar interests should strive to designate one

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lawyer to question about areas of common interest."

Rule 30

(2000 Comments).
The plaintiff has raised seven counts against 12 defendants
and has produced a myriad of documents in discovery.

Taking into

consideration the number of claims, parties, and documents, it is
reasonable for the defendants to need additional time to take the
plaintiff's deposition.

Each defendant is entitled to depose the

plaintiff on each of the claims and the numerous documents.
Although defense counsel must avoid duplicative questioning, the
issues and discovery are voluminous enough to warrant additional
time.

Therefore, the Joint Motion for Additional Time to Take

Plaintiff's Deposition [DE 73] filed by the defendants on December 13, 2011, is GRANTED.

The defendants may take up to three

(3) seven hour days to complete the plaintiff's deposition.
ENTERED this 8th day of February, 2012

s/ ANDREW P. RODOVICH
United States Magistrate Judge

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