Steelman v. SRI Real Estate Properties, LLC,
Filing
53
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant's motion to dismiss [# 48 ] is denied without prejudice. IT IS FURTHER ORDERED that plaintiff's motion regarding her notice of deposition [# 50 ] is denied. IT IS FURTHER ORDERED that plaintiff Connie Steelman must appear for a deposition in this district no later than March 15, 2013, upon reasonable notice by the defendant. Signed by District Judge Catherine D. Perry on February 13, 2013. (BRP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CONNIE STEELMAN,
Plaintiff,
vs.
SRI REAL ESTATE
PROPERTIES, LLC, et al.,
Defendants.
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Case No. 4:12CV292 CDP
MEMORANDUM AND ORDER
On December 3, 2012, plaintiff Connie Steelman filed a motion asking that
she not be required to appear for a deposition within the Eastern District of
Missouri. She cited inclement weather and her disability as the reasons for her
inability to attend a deposition here, but she did not indicate when she would be
able to attend a deposition. Because the defendant had not yet noticed plaintiff’s
deposition, I denied plaintiff’s motion as moot but warned her that she would be
required to appear for a deposition in this district because she voluntarily chose to
file suit here.
Defendant now seeks to dismiss plaintiff’s case for her refusal to attend her
properly noticed deposition in this district, scheduled for January 23, 2013. In
plaintiff’s response, she again failed to provide any alternative dates or to
cooperate in scheduling her deposition at a mutually agreeable time. Further, when
the case management order was issued in this case – and again when I amended the
case management order on January 11, 2013, to extend the time for completing
discovery – plaintiff did not argue that she could not attend a deposition within the
dates set forth in the court orders. This case must proceed without further delay of
the case management deadlines previously established.
However, I will give the plaintiff one more opportunity to appear for her
deposition in this district. Plaintiff is warned that if she fails to comply with this
order, her complaint will be dismissed and she may have costs and attorney’s fees
assessed against her.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to dismiss [#48] is
denied without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion regarding her notice
of deposition [#50] is denied.
IT IS FURTHER ORDERED that plaintiff Connie Steelman must appear
for a deposition in this district no later than March 15, 2013, upon reasonable
notice by the defendant.
____________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 13th day of February, 2013.
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