Jo Ann Howard and Associates, P.C. et al v. Cassity et al

Filing 1522

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants shall produce to the Court for its review, within five (5) days of this Order, all banking statements, credit card statements, and financial statements pertaining to the financial status of and all property ownership interests held by Rhonda L. Cassity and Rhonda L. Cassity, Inc., for the period between July 1, 2011 to present. (Response to Court due by 5/5/2014.) Signed by District Judge E. Richard Webber on April 30, 2014. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JO ANN HOWARD &
ASSOCIATES, P.C., et al.,
Plaintiffs,
vs.
J. DOUGLAS CASSITY, et al.,
Defendants.

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Case No. 4:09CV01252 ERW

MEMORANDUM AND ORDER
This matter comes before the court upon Defendants Rhonda L. Cassity’s and Rhonda L.
Cassity, Inc.’s (collectively referred to as “Defendants”) Verified Motion for Protective Order
[ECF No. 1512].
In their Motion, Defendants move the Court for a Protective Order: 1) finding Rhonda
Cassity has shown good cause that her deposition should take place in Naples, Florida; or,
alternatively, finding Rhonda Cassity can appear in St. Louis if her travel costs, her attorney’s
travel costs, and her attorney fees for time her attorney bills while not actually representing
Rhonda Cassity during her deposition be reimbursed by Plaintiffs; 2) directing the 30(b)(6)
deposition of Neil Packman and Laura Stefacek of Rosentahal Packman to be scheduled by May
31, 2014, to take place after May 31, 2014; or alternatively, finding Cassity Inc.’s identification
of certain incarcerated witnesses as 30(b)(6) deponents with knowledge of the topics listed, and
relevant documents satisfies Cassity, Inc.’s requirements pursuant to Federal Rule of Civil
Procedure 30(b)(6); and 3) determining who must pay the appearance fee of Packman and

Stefacek should the Court decide their depositions can be had after the May 31, 2014 deadline.
Rhonda Cassity asserts she has lived in Naples, Florida since 2005, and thus has the right
to insist on being deposed in her home forum. She claims she has proposed numerous solutions
in an effort to accommodate the Plaintiffs’ heavy deposition schedule, including her offer to
appear in either St. Louis or Denver if Plaintiffs reimburse the costs for her and her counsel, and
a suggestion to conduct the deposition by video conference. Rhonda Cassity further claims she
has been “without fully engaged representation in this matter,” and Plaintiffs have complained
the lack of response from her counsel has been a problem. She contends she should not now be
penalized financially for retaining local counsel with whom she can meet personally, but whom
she must pay to travel to St. Louis for the convenience of the Plaintiffs.
Plaintiffs have filed “Plaintiffs’ Opposition to Defendants Rhonda L. Cassity’s and
Rhonda L. Cassity, Inc.’s Motion for Protective Order, ” detailing their unsuccessful efforts to
obtain responses as to the Defendants’ availability, including the time and place for the
depositions [ECF No. 1521]. They claim, given the circumstances and the lack of response from
Cassity regarding their requests for dates, “moving forward with the set schedule of taking the
Rule 30(b)(6) deposition on May 22, 2014, and [Rhonda Cassity’s deposition on] May 23 was
the most efficient.” Plaintiffs contend Defendants have failed to show good cause necessitating a
change in location of the deposition from St. Louis, Missouri, to Naples, Florida.
The parties are requesting a telephone conference with the Court to resolve their
scheduling conflict as to the location and date of the two depositions. The Court notes that the
record in this matter indicates that, in addition to her Naples residence, Mrs. Cassity has
significant ownership interests in properties located in Nantucket, Massachusetts, and New York,
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New York. Before considering Defendants’ requests, particularly those asking for
reimbursement for costs in attending depositions in St. Louis, the Court shall direct Defendants
to produce for its review, within five (5) days of this Order, all banking statements, credit card
statements, and financial statements pertaining to the financial status of and all property
ownership interests held by Rhonda L. Cassity and Rhonda L. Cassity, Inc., for the period
between July 1, 2011 to present.
Accordingly,
IT IS HEREBY ORDERED that Defendants shall produce to the Court for its review,
within five (5) days of this Order, all banking statements, credit card statements, and financial
statements pertaining to the financial status of and all property ownership interests held by
Rhonda L. Cassity and Rhonda L. Cassity, Inc., for the period between July 1, 2011 to present.

Dated this

30th

day of April, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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