Reyes v. Rucker DDS

Filing 57

OPINION AND ORDER denying 53 Motion to Compel Deposition of Nadira Ahmed. Signed by Magistrate Judge Paul R Cherry on 11/25/2014. (rmn)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
CONNIE REYES and DANIEL V. REYES,
Parents of S.R. a minor child,
Plaintiffs,
v.
WILLIAM J. RUCKER, DDS,
Defendant.

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CAUSE NO.: 2:13-CV-133-PRC

OPINION AND ORDER
This matter is before the Court on a Motion to Compel Deposition of Nadira Ahmed, MD
[DE 53], filed by Defendant William J. Rucker, DDS on November 3, 2014. Plaintiffs have not filed
a response, and the time to do so has passed.
The discovery deadline was August 29, 2014. On August 20, 2014, just nine days before the
close of discovery, counsel for Defendant sent correspondence to counsel for Plaintiff requesting
the deposition of S.R.’s family physician, Dr. Ahmed.
Northern District of Indiana Local Rule 30-1(b) provides: “Attorneys must schedule
depositions with a least 14-days’ notice, unless opposing counsel agrees to shorter notice or the court
orders otherwise.” N.D. Ind. L.R. 30-1(b). In addition, discovery must be initiated sufficiently in
advance of the discovery deadline so that it can be completed before the discovery deadline. See
Martin v. Fort Wayne Police Dep’t, No. (N.D. Ind. Mar. 18, 2014) (citing Shadle v. First Fin. Bank,
N.A., No. 1:09-CV-37, 2009 WL 3787006, at *2 (N.D. Ind. Nov. 10, 2009) (collecting cases refusing
to require opposing parties to respond to discovery requests served late in the discovery period));
NIPSCO v. Colorado Westmoreland, Inc., 112 F.R.D. 423, (N.D. Ind. 1986) (holding that discovery
must be completed within the time established by the court, which includes serving requests for
written discovery with sufficient time for the responses to be filed within the discovery period).

Defendant has offered no explanation why this deposition was not requested earlier in the
discovery process to allow sufficient time for the deposition to be noticed under the Local Rule and
to be taken prior to the close of discovery.
Because Defendant’s request for the deposition was not timely, the Court hereby DENIES
the Motion to Compel Deposition of Nadira Ahmed, MD [DE 53].
SO ORDERED this 25th day of November, 2014.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES MAGISTRATE JUDGE
cc:

All counsel of record

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