Moore v. Epps et al

Filing 56

ORDER granting 46 Motion for Discovery. Defendants will be permitted to take a deposition upon subpoena of this witness on or before the expiration of twenty-one (21) days from the date hereof, unless the Plaintiff files a notice to delete his estranged wife from his trial witness list within ten (10) days hereof. The deposition questioning, if any, by defense counsel shall not exceed two (2) hours. Signed by Magistrate Judge Jane M. Virden on 08/05/2014. (lec)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
RICHARD MOORE
VS.

PLAINTIFF
CIVIL ACTION NO.: 1:13-cv-94-MPM-JMV

CHRISTOPHER EPPS, ET AL.

DEFENDANTS
ORDER

This matter is before the court on renewed motion of Defendants [46] to take the
deposition of Plaintiff’s estranged wife, a resident of Okolona, Mississippi. Plaintiff originally
asserted his wife was a material witness and, with the exception of himself, the sole witness he
would offer at trial. More recently, Plaintiff has sought to amend his witness list to arguably
exclude this person as a witness and, instead, designate four other individuals. In light of the
alleged materiality of his estranged wife as a witness and the lack of clarity regarding whether
Plaintiff intends to call her in this matter, the court finds the following: Defendants will be
permitted to take a deposition upon subpoena of this witness on or before the expiration of
twenty-one (21) days from the date hereof, unless the Plaintiff files a notice to delete his
estranged wife from his trial witness list within ten (10) days hereof. The deposition
questioning, if any, by defense counsel shall not exceed two (2) hours.
SO ORDERED this 5th day of August, 2014.

/s/Jane M. Virden
UNITED STATES MAGISTRATE JUDGE