Jeanes-Kemp, LLC v. Johnson Controls, Inc. et al

Filing 293

ORDER granting in part 291 Motion for leave to take trial deposition of John Sposato, Sr. Signed by Honorable David C. Bramlette, III on 08/31/2011 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JEANES-KEMP, LLC

PLAINTIFF

VS.

CIVIL ACTION NO. 1:09-cv-723(DCB)(JMR)

JOHNSON CONTROLS, INC., ET AL.

DEFENDANT
ORDER

This cause is before the Court on defendant Johnson Controls,
Inc. (“JCI”)’s emergency motion for leave to take trial deposition
of John Sposato, Sr., outside of the discovery period (docket entry
291).

Having carefully considered the motion and the plaintiff

Jeanes-Kemp,

LLC’s

response,

and

being

fully

advised

in

the

premises, the Court finds as follows:
JCI sets forth in its motion that it intends to call Mr.
Sposato as a witness at trial.

However, JCI also points out that

the plaintiff, in its August 25, 2011, Letter Brief, expresses
doubt that Mr. Sposato will be available for trial in Jackson,
Mississippi.

JCI

seeks

deposition

Mr.

Sposato,

of

leave

of

Court

wherever

he

to
may

conduct
be

a

found,

trial
with

appropriate notice to opposing counsel.
The Court finds that, inasmuch as the credibility of this
witness as to certain matters is at issue, it is preferable that
Mr. Sposato testify live at trial.

For this purpose, additional

trial testimony will be taken in Gulfport, Mississippi, commencing
at 9:00 a.m. on Monday, September 26, 2011.

JCI is therefore

granted leave to subpoena Mr. Sposato for trial on that date.

The

parties are also directed to subpoena witness Stephen Planchard for
that date in Gulfport.

Accordingly,

IT IS HEREBY ORDERED that defendant JCI’s emergency motion for
leave to take trial deposition of John Sposato, Sr., outside of the
discovery period (docket entry 291) is GRANTED IN PART, as set
forth above.

In addition, if for any reason Mr. Sposato is not

available for trial on September 26, 2011, the record shall remain
open for the taking of a trial deposition of Mr. Sposato at the
nearest available time.
SO ORDERED, this the 31st day of August, 2011.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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