Thomas v. Lighthouse of Oakland et al

Filing 83

ORDER granting 82 Motion to Compel Continuation of Plaintiff's Deposition. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RANDALL THOMAS,
Plaintiff,

Case No: 12-15494
Hon. Victoria A. Roberts

vs
LIGHTHOUSE OF OAKLAND COUNTY,
et al,
Defendants.
/
ORDER REQUIRING PLAINTIFF TO APPEAR FOR THE CONTINUATION OF HIS
VIDEO DEPOSITION
Defendants filed a motion requesting that they be given more time to complete
Plaintiff’s deposition.
Plaintiff’s deposition has been taken at the United States Courthouse. On one
occasion, defense counsel and Plaintiff appeared in chambers for the Court’s guidance
on issues that had arisen during the deposition. On another occasion they appeared by
telephone for the Court’s guidance. The Court has been kept fully apprised of issues
surrounding Plaintiff’s deposition; the Defendants accurately state in their motion, what
the issues have been and the history behind prior orders entered by the Court.
During the telephone conference the Court held with defense counsel and
Plaintiff on June 18, 2015, the Court told defense counsel to report at the conclusion of
Plaintiff’s deposition that day, how much additional time they would require to complete
the deposition, and the Court would allow it. Plaintiff was present for that phone
conference.
Accordingly, Defendants’ motion is GRANTED IN PART. Defendants are

allowed 8 more hours on the record to complete Plaintiff’s deposition. Defendants are
allowed to videotape the deposition. Plaintiff must fully cooperate in setting a
convenient time for this deposition to continue at the United States Courthouse, keeping
in mind that discovery closes on July 17th and Plaintiff’s deposition must be completed
before he can take defense depositions. Plaintiff’s failure to cooperate in scheduling his
deposition well in advance of the discovery cutoff date so that defense depositions can
be taken before July 17th as well, or his failure to cooperate during his deposition, may
result in dismissal of his lawsuit or the imposition of other sanctions.
A Court Security Officer will be stationed in the room during Plaintiff’s deposition.
Defendants will be allowed to bring the following equipment into the Courthouse
for Plaintiff’s deposition:
•

One metal video cart with file size plastic cabinet containing: six
microphone cables, three converters, a nine inch monitor, video cables,
power strip, camera power supply and adaptors;

•

Three DVD recorders;

•

One audio mixer;

•

One video tripod;

•

One camera case containing: one Sony DV camera PD 170, six
microphones, portable auto recorder, two remote controls, portable
monitor/laptop, DV tapes, 12 DVD discs, backup cables, additional
remote, two additional microphones and microphone splitter.

Defendants’ request for costs and attorney fees is DENIED.
IT IS ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: June 26, 2015
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
June 26, 2015.
s/Carol A. Pinegar
Deputy Clerk