Costner v. Dolgencorp, LLC

Filing 32

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that defendant Dolgencorps motion to compel (#26) is GRANTED. IT IS FURTHER ORDERED that plaintiff shall appear for a deposition without limitation on the scope of the examination, except as provided by the Federal Rules, no later than December 21, 2018.IT IS FURTHER ORDERED that defendant shall be granted its attorneys fees and shall submit to the Court its reasonable attorneys fees attributable to the preparation of its motion to compel by January 4, 2019. IT IS FURTHER ORDERED that defendants motion to amend the Case Management Order (#29) is GRANTED. IT IS FINALLY ORDERED that the defendant shall be granted 45 days from the date plaintiff presents herself for her complete deposition for defendant to disclose and present experts for deposition. Signed by District Judge Stephen N. Limbaugh, Jr on 12/4/18. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
NEVA COSTNER,
Plaintiff,
v.
DOLGENCORP, LLC,
Defendant.

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Case No. 1:17-CV-210-SNLJ

MEMORANDUM AND ORDER
Plaintiff Neva Costner filed this personal injury lawsuit against defendant
Dolgencorp, LLC, which does business as Dollar General. Plaintiff originally filed this
action in state court, and on December 5, 2017, defendant removed to this Court based on
diversity jurisdiction, 28 U.S.C. § 1331. Plaintiff filed an identical suit against defendant
in 2016 and then voluntarily dismissed the lawsuit in 2017 before refiling her complaint
against defendant. The defendant deposed plaintiff as part of the first lawsuit.
Defendant now seeks to depose plaintiff again. Plaintiff’s attorney has stated that
he would produce the plaintiff for deposition but that the deposition would be limited in
scope to matters that have occurred since the last deposition. Defendant seeks to take
plaintiff’s complete deposition, taking the position that her earlier deposition is “nothing
more than a recorded statement under oath.” Indeed, plaintiff has cited to no rule or other
authority supporting her position that she need not appear for a complete deposition. The
Court will grant defendant’s motion to compel.

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Defendant also seeks to amend the Case Management Order (“CMO”) in this case
to adjust for the time lost while the parties litigated their deposition dispute. Defendant
seeks to extend the dates for defendant to disclose and present experts for deposition by
45 days after plaintiff presents herself for her complete deposition. The Court will grant
that motion, as well.
Accordingly,
IT IS HEREBY ORDERED that defendant Dolgencorp’s motion to compel
(#26) is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall appear for a deposition without
limitation on the scope of the examination, except as provided by the Federal Rules, no
later than December 21, 2018.
IT IS FURTHER ORDERED that defendant shall be granted its attorneys’ fees
and shall submit to the Court its reasonable attorneys’ fees attributable to the preparation
of its motion to compel by January 4, 2019.
IT IS FURTHER ORDERED that defendant’s motion to amend the Case
Management Order (#29) is GRANTED.
IT IS FINALLY ORDERED that the defendant shall be granted 45 days from
the date plaintiff presents herself for her complete deposition for defendant to disclose
and present experts for deposition.
So ordered this 4th

day of December, 2018.
_______________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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