A. et al v. Doe Run Resources Corporation et al

Filing 1101

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion and amended motion to compel production of expert witnesses for remote deposition 1093 1096 are DENIED. IT IS FURTHER ORDERED that the deadline for completion of expert deposition s is extended by one month, and the other deadlines are similarly extended. The Court will separately enter an amended case management order today based on the defendants proposal but with some changes. IT IS FURTHER ORDERED that the parties must mee t and confer and schedule the three depositions for dates certain during the last half of the month of May. If at that time it is still not possible to conduct the depositions live, then they must go forward remotely on those same dates. The parties will be expected to report on their agreed schedule at the telephone conference with the undersigned on April 23, 2020. ( Response to Court due by 4/23/2020.). Signed by District Judge Catherine D. Perry on 04/10/2020. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
A.O.A, et al.,
Plaintiffs,
v.
IRA L. RENNERT, et al.,
Defendants.

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Case No. 4:11 CV 44 CDP

MEMORANDUM AND ORDER
Having fully reviewed the parties’ expedited briefs on plaintiffs’ motions to
compel production of expert witnesses for remote deposition, I agree with
defendants that an additional one-month extension to complete expert witness
depositions and the corresponding extension of other deadlines is appropriate
because of the coronavirus emergency. Defendants’ suggestion is reasonable – to
delay again for one month, and then, if it turns out that it is still not possible to
conduct live depositions, to go forward with the depositions remotely. Because
conducting live depositions is usually preferable to conducting depositions
remotely, allowing another short delay in hopes that live depositions will be
possible is a sensible approach to this problem. Of course, if the depositions
cannot be conducted live during the month of May, they will need to go forward
remotely.

Although any delay causes some prejudice, in this case and because of the
coronavirus emergency, the public interest outweighs the limited prejudice caused
by this short delay.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion and amended motion to
compel production of expert witnesses for remote deposition [1093] [1096] are
DENIED.
IT IS FURTHER ORDERED that the deadline for completion of expert
depositions is extended by one month, and the other deadlines are similarly
extended. The Court will separately enter an amended case management order
today based on the defendants’ proposal but with some changes.
IT IS FURTHER ORDERED that the parties must meet and confer and
schedule the three depositions for dates certain during the last half of the month of
May. If at that time it is still not possible to conduct the depositions live, then they
must go forward remotely on those same dates. The parties will be expected to
report on their agreed schedule at the telephone conference with the undersigned
on April 23, 2020.

_______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 10th day of April, 2020.
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