Russo v. Yellowstone County et al

Filing 52

ORDER granting in part and denying in part 45 Motion to Quash; DENIED as MOOT 47 Motion to Stay. The Scheduling Order is AMENDED to extend the Discovery Deadline to 2/23/2018. Signed by Magistrate Judge Timothy J. Cavan on 2/15/2018. (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
PATRICIA L. RUSSO-WOOD, as
personal representative of the Estate of
Steven Tyler Russo,
Plaintiff,

CV 17-38-BLG-TJC
ORDER GRANTING IN
PART AND DENYING IN
PART MOTION TO QUASH

vs.
YELLOWSTONE COUNTY, et al.,
Defendants.

On February 14, 2018, Defendants Yellowstone County and Brian Degele
filed a motion to quash deposition subpoenas to Sam Bofto and Terry Jessee.
(Doc. 45.) Defendants also filed a motion to stay the depositions pending the
Court’s ruling on the motion to quash. (Doc. 47.) Plaintiff opposes the motion to
quash and the request to stay. (Docs. 49, 50.)
The Court held a Telephone Conference with counsel for the parties on
February 15, 2018 to address the motion to quash. James Kommers appeared for
Plaintiff; Levi Robinson appeared for Yellowstone County and Brian Degele;
Harlan Krogh appeared for the City of Billings; and Mark Thieszen appeared for
Sandra Leonard.

Having heard from counsel, and upon review of the parties’ submissions, IT
IS HEREBY ORDERED as follows:
1.

The motion to quash the deposition subpoena to Sam Bofto is

GRANTED. Mr. Bofto’s deposition is to be rescheduled for next week.
2.

The motion to quash the deposition subpoena to Terry Jessee is

DENIED. Mr. Jessee’s deposition shall go forward as scheduled on February 16,
2018 at 3:00 p.m.
3.

The Scheduling Order is AMENDED to extend the Discovery

Deadline to February 23, 2018. If the parties are unable to agree on a mutually
convenient date for the rescheduling of Mr. Bofto’s deposition, counsel may
stipulate to extend the discovery deadline in order to complete Mr. Bofto’s
deposition.
4.

The motion to stay depositions is DENIED as MOOT.

SO ORDERED.
DATED this 15th day of February 2018.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge