Madden v. Bossier City et al

Filing 47

MEMORANDUM ORDER granting 41 Motion to Compel. Defendants may resume the deposition of Mr. Addison at the United States District Court in Shreveport. IT IS FURTHER ORDERED that Defendants shall serve Mr. Addison with a new subpoena and copy of t his order. FURTHER, IT IS ORDERED that Mr. Addison attend the deposition and answer all questions truthfully and in detail, unless a refusal to answer would preserve a valid privilege, would enforce a limitation ordered by the Court, or would be necessary to present a motion under Rule 30(d)(3). Signed by Magistrate Judge Karen L Hayes on 11/10/14. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
MICHAEL RAY MADDEN, JR.

CIVIL ACTION NO. 5:13-CV-2667

VERSUS

JUDGE DONALD E. WALTER

CITY OF BOSSIER CITY, ET AL.

MAGISTRATE JUDGE HAYES

MEMORANDUM ORDER1
Before the undersigned Magistrate Judge, on reference from the District Court, is an
unopposed2 Motion to Compel, [doc. # 41], filed by the Defendants in this matter. Defendants
attempted to take the deposition of Chris Addison, a nonparty, on August 18, 2014. [doc. # 413]. According to Defendants, Addison “became visibly agitated and combative, and indicated
that he did not want to talk . . . .” [doc. # 41-1, p. 1]. Defendants claim further that although
Addison fully responded to questions from Plaintiff’s counsel, he “refused to answer defense
counsel’s follow up questions, [] became increasingly erratic, indicated that he would not be
truthful if forced to answer defense counsel’s questions, and [stated] that he was ill.” Id.
Defense counsel stopped the deposition in order to seek the Court’s guidance. [doc. # 41-3, p.
143].
Defendants filed the instant Motion to Compel on October 8, 2014. [doc. # 41]. They
seek leave to continue Mr. Addison’s deposition at the United States District Court for the
Western District of Louisiana “to facilitate a more complete deposition in a safe environment for

1

As this is not one of the motions excepted in 28 U.S.C. § 636(b)(1)(A), nor dispositive
of any claim on the merits within the meaning of Rule 72 of the Federal Rules of Civil
Procedure, this ruling is issued under the authority thereof, and in accordance with the standing
order of this Court. Any appeal must be made to the district judge in accordance with Rule 72(a)
and L.R. 74.1(W).
2

See Notice of Motion Setting, [doc. # 42].

all parties.” Id. at 3. They also ask the Court to order Mr. Addison to respond truthfully and in
detail to any and all questions. Id. Plaintiff, as mentioned, does not oppose the Motion.
Upon review, the Court finds that the deposition transcript corroborates Defendants’
contentions. In light of Addison’s erratic, antagonistic, and uncooperative behavior, and
considering that the resumed deposition may become combative,
IT IS HEREBY ORDERED that Defendants’ Motion, [doc. # 41], is GRANTED, that
Defendants may resume the deposition of Mr. Addison at the United States District Court for the
Western District of Louisiana, 300 Fannin Street, Shreveport, Louisiana, 71101, and that the
parties shall contact the Clerk of Court to obtain a suitable date and time for the deposition.
IT IS FURTHER ORDERED that upon obtaining an agreed-upon deposition date and
time, Defendants shall serve Mr. Addison with a new subpoena and a copy of this Order.
IT IS FURTHER ORDERED that Mr. Addison shall attend the deposition and answer
all questions truthfully and in detail, unless a refusal to answer would preserve a valid privilege,
would enforce a limitation ordered by the Court, or would be necessary to present a motion under
Rule 30(d)(3).3 See FED . R. CIV . P. 30(c)(2).
In Chambers, Monroe, Louisiana, this 10th day of November, 2014.

__________________________________
KAREN L. HAYES
UNITED STATES MAGISTRATE JUDGE

3

If Mr. Addison fails to attend the deposition, fails to answer, provides evasive answers,
or otherwise continues his uncooperative behavior, he will be subject to sanctions, including
contempt of court and payment of Defendants’ expenses and attorney’s fees. See FED . R. CIV . P.
30(d)(2), 37(b)(1), 45(g).
2