Hullete v. Murray Guard, Inc. et al

Filing 30

ORDER denying 28 Motion to Waive Local Counsel Attendance at Depositions. Signed by Magistrate Judge Roy Percy on 11/29/16. (bnd) (Main Document 30 replaced on 11/29/2016) (tab).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
MOULINE HULLETE
v.

PLAINTIFF
CIVIL ACTION NO.: 3:16CV86-MPM-RP

MURRAY GUARD, INC.

DEFENDANT

ORDER DENYING MOTION TO WAIVE
LOCAL COUNSEL ATTENDANCE AT DEPOSITIONS
Defendant has requested that the court waive the Uniform Local Civil Rule 83.1(d)(3)
requirement that a resident attorney attend all depositions. Docket 28. Defendant cites its desire
to avoid duplication of effort and assert that the pro hac vice attorneys are well versed in the
Local Rules and can adequately represent the parties at the depositions. Id. Local Uniform Civil
Rule 83.1(d)(3) requires that “at least one resident attorney . . . must personally appear and
participate in all trials, in all pretrial conferences, case management conferences and settlement
conferences, hearings and other proceedings conducted in open court, and all depositions or other
proceedings in which testimony is given.”
The court recognizes the need to avoid increased litigation costs and the unnecessary
expenditure of resources. Nevertheless, aside from issues of attorney discipline, the purpose of
the rule requiring attendance of local counsel is to assure that the case is litigated in compliance
with all local rules and that the attorneys have a working knowledge of the expectations of this
court. Further, Local Uniform Civil Rule 83.1(d)(3) specifically provides that “The resident
attorney remains responsible to the client and responsible for the conduct of the proceeding
before the court.” Defendant has demonstrated no extraordinary circumstances peculiar to this

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case that might warrant an exemption from the rule’s requirements. Accordingly, it is
ORDERED
that Defendant’s Unopposed Motion for Partial Relief from Local Rules Requiring Local Counsel
to Attend Depositions is DENIED. A resident attorney must appear for each party at every
deposition.
SO ORDERED, this, the 29th day of November, 2016.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE

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