Presswood, D.C., P.C. v. American HomePatient, Inc.

Filing 33

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to amend the case management order (#28) is GRANTED, consistent with the Amended Case Management Order that will be filed. IT IS FURTHER ORDERED that defendant must provide to p laintiff the current contact informationaddresses, phone numbers, and emailsfor Morris and Riley. IT IS FURTHER ORDERED that defendant must provide to plaintiff a privilege log at least seven days before these depositions. IT IS FURTHER ORDERED that plaintiff's expert, Biggerstaff, may attend these depositions by telephone. Signed by District Judge Stephen N. Limbaugh, Jr on 3/1/2018. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ALAN PRESSWOOD, D.C., P.C.,
individually and on behalf of all other
similarly situated persons,
Plaintiff,
v.
AMERICAN HOMEPATIENT, INC.,
and JOHN DOES 1–10
Defendants.

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Case No. 4:17-CV-1977-SNLJ

MEMORANDUM AND ORDER
This case involves alleged violations of the Telephone Consumer Protection Act
(“Act”). It is currently before the Court on plaintiff’s motion to modify the case
management order (#28). The motion is ripe and will be granted as explained below.
The parties have been unable to agree on deposition dates for two of defendant’s
former employees, Dave Morris and Jessica Riley. Morris was the VP of Information
Technology when the alleged violations occurred, while Riley’s computer allegedly
instructed the fax program to transmit the 14,972 faxes that plaintiff claims violated the
Act. Plaintiff argues the testimony from these witnesses will not be cumulative, and the
original Case Management Order (#25) allowed each party to take ten depositions.
Because plaintiff has been diligent in trying to schedule these deposition, plaintiff argues
that is has shown the good cause necessary to amend certain Case Management Order

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deadlines. The Court agrees, and an Amended Case Management Order with amended
deadlines will be filed.
Plaintiff also asks this Court to order defendant to provide current contact
information—addresses, phone numbers, and emails—for Morris and Riley so plaintiff
can issue subpoenas for their depositions. That request is granted.
Finally, plaintiff also asks this Court to order defendant to supply a privilege log to
plaintiff at least seven days before the scheduled depositions and to allow plaintiff’s
expert (Biggerstaff) to attend the depositions by phone. Both requests are granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to amend the case
management order (#28) is GRANTED, consistent with the Amended Case Management
Order that will be filed.
IT IS FURTHER ORDERED that defendant must provide to plaintiff the current
contact information—addresses, phone numbers, and emails—for Morris and Riley.
IT IS FURTHER ORDERED that defendant must provide to plaintiff a privilege
log at least seven days before these depositions.
IT IS FURTHER ORDERED that plaintiff’s expert, Biggerstaff, may attend
these depositions by telephone.

Dated this

1st

day of March 2018.

_______________________________
STEPHEN N. LIMBAUGH, JR.
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UNITED STATES DISTRICT JUDGE

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