O'Rourke v. King et al

Filing 42

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants motion to quash and for a protective order is DENIED in part, with respect to the notice of deposition of Lieutenant Timothy Sachs, and is otherwise GRANTED. ECF No. 37 . IT IS FURTHER ORDERED that the parties shall confer in good faith to find a mutually agreeable date for the deposition within the next 30 days. Signed by District Judge Audrey G. Fleissig on 12/8/2017. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SCOTT O’ROURKE,
Plaintiff,
vs.
DAVID KING, et al.,
Defendants.

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Case No. 4:16-CV-01795-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Defendants’ motion to quash four notices of
deposition served by Plaintiffs after the December 1, 2017 close of discovery. Plaintiff
opposes the motion to quash the deposition of St. Louis Metropolitan Police
Department Lieutenant Timothy Sachs, but Plaintiff “recalls the other three Notices of
Deposition” at issue. ECF No. 40 at 4. Sachs was the supervisor on duty the evening
that Plaintiff was injured in the events giving rise to this lawsuit. Plaintiff attaches
correspondence between counsel reflecting that Plaintiffs had attempted to schedule
Sachs’s deposition more than a month before the close of discovery, but defense
counsel informed Plaintiff that Sachs would be unavailable until December and that
Sachs had no personal recollection of the incident that is the subject of this lawsuit.
In reply, Defendants reiterate that the Court should quash the notice of
deposition for Sachs because it is untimely and because Sachs does not possess
pertinent information.
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Upon careful consideration of the parties’ arguments, the Court will deny
Defendants’ motion as to Sachs. Although Plaintiff did not file a motion to extend the
discovery deadline, the Court believes good cause exists to extend the deadline in order
to complete the deposition of Sachs, and that the notice of deposition is otherwise
within the scope of discovery permissible under the Federal Rules of Civil Procedure.
If this extension requires further amendment of the Case Management Order, the parties
should confer in good faith and file any appropriate motion for such amendment.
Accordingly,
IT IS HEREBY ORDERED that Defendants’ motion to quash and for a
protective order is DENIED in part, with respect to the notice of deposition of
Lieutenant Timothy Sachs, and is otherwise GRANTED. ECF No. 37.
IT IS FURTHER ORDERED that the parties shall confer in good faith to find
a mutually agreeable date for the deposition within the next 30 days.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 8th day of December, 2017.

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