Anger v. General Motors LLC

Filing 54

ORDER granting in part and denying in part Plaintiff's 44 Motion--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HEATHER ANGER,
Plaintiff,
v.

Case No. 2:17-cv-10083
District Judge Paul D. Borman
Magistrate Judge Anthony P. Patti

GENERAL MOTORS, LLC.,
Defendant.
___________________________________/
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S
MOTION SEEKING LEAVE TO INCREASE NUMBER OF DEPOSITIONS
THAT PLAINTIFF MAY TAKE (DE 44)
This matter is before the Court for consideration of Plaintiff’s motion for
leave to increase number of depositions that Plaintiff may take (DE 44),
Defendant’s response (DE 47), Plaintiff’s amended reply (DE 51), and the parties’
joint list of resolved issues (DE 52). Federal Rule of Civil Procedure
30(a)(2)(A)(i) permits a party to take up to ten (10) depositions. Plaintiff seeks
leave pursuant to Fed. R. Civ. P. 30(a)(2)(A)(i) to take seven (7) additional
depositions. (DE 44.) The parties stipulated in their Joint List of Resolved Issues
filed with the Court on January 10, 2018, that Plaintiff is permitted to depose four
additional persons (Karyn Pryor, Steve Worrall, and two additional group
managers not yet named), as well as Defendant’s expert during the expert
discovery period, bringing the total number of depositions to 15. (DE 52.)

The parties, through counsel, came before me for a hearing on January 11,
2018 to address the remaining three witnesses. For the reasons stated on the record
and consistent with the findings made from the bench, all of which are
incorporated by this reference as though fully restated herein, Plaintiff’s motion is
GRANTED IN PART AND DENIED IN PART. Specifically, Plaintiff’s request
to depose Linda Chota and Kirk Mattana is GRANTED as follows:
1. Linda Chota: The deposition will be limited to two (2) hours. However, if
Defendant questions Ms. Chota, Plaintiff will be permitted an equal amount
of time for follow-up questions thereafter. Further, because Ms. Chota is a
former General Motors employee, counsel for Defendant will notify
Plaintiff’s counsel in writing by January 22, 2018 whether it can make Ms.
Chota available for her deposition without the necessity of a subpoena.
2. Kirk Mattana: The deposition will be limited to one (1) hour. However,
if Defendant questions Mr. Mattana, Plaintiff will be permitted an equal
amount of time for follow-up questions thereafter.
Plaintiff’s request to depose Kim Howe is DENIED.
No additional depositions will be permitted.
Finally, I decline to award fees or costs to either side, as both sides’
positions were substantially justified and required rulings from the Court. In

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addition, neither party fully prevailed. As such, an award of costs in this matter
would neither be appropriate, nor just.
IT IS SO ORDERED.
Dated: January 12, 2018

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on January 12, 2018, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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