Gafford v. McDonald

Filing 46

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion to quash a notice of deposition and for a protective order (Doc. 44 ) is GRANTED IN PART. Lisa Goldstein shall not be required to submit to a deposition in this matter un til Monday, December 19, 2016 or until further Order of the Court. In light of this ruling, the Court will extend the time for the parties to file their pre-trial materials until Wednesday, December 28, 2016. Signed by District Judge John A. Ross on 12/8/2016. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

TERRY GAFFORD,

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Plaintiff,
vs.
ROBERT A. MCDONALD,
Secretary of Veterans Affairs,
Defendant.

Case No. 4:14-cv-01603-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Terry Gafford’s motion to quash a notice of
deposition and for a protective order (Doc. 44). On November 28, 2016, Defendant Robert A.
McDonald served Plaintiff with a “notice of video deposition to preserve testimony for trial”
which notified him that Defendant intends to depose Lisa Goldstein, who is not a party to this
action, on December 13, 2016, in Jacksonville, Florida (Doc. 44.1). In his motion to quash and
for a protective order, Plaintiff, an Illinois resident, states that Ms. Goldstein has already been
deposed in this matter, and notes that the parties have filed cross-motions for summary judgment,
which are now fully briefed and under submission with the Court. Defendant opposes the
motion, arguing that he seeks to preserve Ms. Goldstein’s testimony, as she will be unavailable
for the January 9, 2016 trial in this case. Defendant also notes that, pursuant to the Court’s case
management order, the parties’ pre-trial submissions, including deposition designations, are due
no later than December 20, 2016 (Doc. 45).

In order to allow the Court time to consider the parties’ motions for summary judgment
and Plaintiff’s motion to quash and for a protective order,
IT IS HEREBY ORDERED that Plaintiff’s motion to quash a notice of deposition and
for a protective order (Doc. 44) is GRANTED IN PART. Lisa Goldstein shall not be required to
submit to a deposition in this matter until Monday, December 19, 2016 or until further Order
of the Court. In light of this ruling, the Court will extend the time for the parties to file their pretrial materials until Wednesday, December 28, 2016.

_______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

Dated this 8th day of December, 2016.

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