MERIDIAN FINANCIAL ADVISORS, LTD. D/B/A THE MERIDIAN GROUP v. PENCE et al

Filing 536

ORDER granting IN PART Pltf's 532 Motion to Compel Depositions (See Order). Signed by Magistrate Judge Tim A. Baker on 5/17/2011. (SWM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MERIDIAN FINANCIAL ADVISORS LTD
d/b/a The Meridian Group, as receiver for
OCMC, Inc.,
Plaintiff,
vs.
JOSEPH A. PENCE, et al.,
Defendants.

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1:07-cv-995-LJM-TAB

ORDER ON PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS
On Friday, May 5, 2011, the Court denied Plaintiff Meridian Financial Advisor’s motion
to compel additional documents from Bose McKinney & Evans, Price Waicukauski & Riley, and
Defendant Joseph Pence, and extended the discovery deadline to May 19. [Docket No. 530.]
The next Monday, Plaintiff sought deposition dates by the revised May 19 deadline for BME’s
Jeff Gaither, PWR’s Jana Strain, and PWR’s Ron Waicukauski, and for 30(b)(6) depositions of
BME and PWR. [Docket No. 532, Ex. A.] Gaither responded that he was available on May 18,
but BME would not be available for a 30(b)(6) deposition before May 20 because it would need
more time to prepare. [Docket No. 532, Ex. C.] Waicukauski responded that he would be
available on May 19, but Strain would be unavailable the week of May 16. [Docket Nos. 532,
Ex. B; 535 Ex. E.] Waicukauski opposed a 30(b)(6) deposition of PWR on the grounds that
Meridian had not given the notice required by Local Rule 30.1(c). [Docket No. 532, Ex. B.]
Plaintiff moved to compel the deposition of Strain and the 30(b)(6) depositions of BME
and PWR. [Docket No. 532.] Plaintiff argues that these depositions are “necessary for [it] to
submit a complete and comprehensive response to the fee claim” and explains that it did not
notice these depositions sooner because it was awaiting the outcome of its motion to compel.

[Docket No. 532 at 3–4.] Alternatively, Plaintiff seeks an extension of the discovery deadline to
no later than June 17.
The Court’s May 5 order denying Meridian’s motion to compel reflected a setback for
Meridian’s attempt to conduct broad discovery into Pence’s fee application. Meridian’s request
for broad depositions fares only slightly better. As to the 30(b)(6) depositions, given the short
notice and the Court’s prior statements that Meridian’s concerns are “not grounds for additional
discovery” [Docket No. 530 at 6], the depositions of Jeff Gaither (BME’s managing partner) and
Ron Waicukauski (PWR partner) must suffice.1 By agreeing to the Gaither and Waicukauski
depositions on short notice, Pence reasonably accommodated Meridian’s discovery needs.
Additional time-consuming 30(b)(6) depositions would be overkill, especially because many of
the proposed topics coincide with document requests the Court found inappropriate in its May 5
order.
Jana Strain, however, was highly involved in Pence’s motion for sanctions, and her only
objection to being deposed was that she would be unavailable the week of May 16. The parties
shall attempt in good faith to find a mutually convenient time to depose Strain by May 28.
Plaintiff’s motion to compel [Docket No. 532] is granted in part.
Dated:

05/17/2011
_______________________________
Tim A. Baker
United States Magistrate Judge
Southern District of Indiana

1

Pence raises Local Rule 30.1(c), which requires 14 days’ notice for a deposition, as a bar
to these depositions. Under the circumstances, it was reasonable for Meridian to wait until after
the Court’s May 5 order to notice depositions. Pence was previously aware of Meridian’s desire
to depose counsel, and Meridian noticed the depositions promptly after receipt of the Court’s
May 5 order.
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Copies to:
George William Bills Jr.
LAW OFFICE OF G. WILLIAM BILLS,
JR.
[e-mail]

Craig Morris McKee
WILKINSON GOELLER MODESITT
WILKINSON & DRUMMY
[e-mail]

Jeffrey R. Gaither
BOSE MCKINNEY & EVANS, LLP
[e-mail]

Stephen S. Stallings
STALLINGS LLC
[e-mail]

Kathleen A. Gallagher
ECKERT SEAMANS CHERIN &
MELLOTT LLC
[e-mail]

Jana K. Strain
GEIGER CONRAD & HEAD, LLP
[e-mail]
Ronald J. Waicukauski
PRICE WAICUKAUSKI & RILEY
[e-mail]

Sandy B. Garfinkel
ECKERT SEAMANS CHERIN &
MELLOTT, LLC
[e-mail]

Ann Marie Waldron
[e-mail]

Gregg Heinemann Jr.
ECKERT SEAMANS CHERIN &
MELLOTT, LLC
[e-mail]

John H. Williams Jr.
ECKERT SEAMANS CHERIN &
MELLOTT, LLC
[e-mail]

Max W. Hittle Jr.
KRIEG DEVAULT, LLP
[e-mail]

SCOTT HALL
308 Blue Quail Ct.
Bedford, TX 76021

Carol Nemeth Joven
PRICE WAICUKAUSKI & RILEY
[e-mail]
Thomas Livingston
OFFICE OF THE FEDERAL PUBLIC
DEFENDER
[e-mail]
C. Kent May
ECKERT SEAMANS CHERIN &
MELLOTT, LLC
[e-mail]

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