Tarpey et al v. United States

Filing 109

ORDER; Plaintiffs Motion to Extend Expert Deposition deadline 106 is DENIED. Signed by Judge Brian Morris on 12/21/2020. (TLO)

Case 2:17-cv-00094-BMM Document 109 Filed 12/21/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
James Tarpey,

CV 17-94-BU-BMM

Plaintiff and Counter-Defendant,
vs.
UNITED STATES OF AMERICA,

ORDER

Defendants and Counter-Plaintiff.

Plaintiff James Tarpey filed a Second Motion to Extend Deposition Deadline.
Doc. 106. Defendant United States opposed Plaintiff’s motion. Doc. 107. The Court
granted Plaintiff’s previous motion (Doc. 104) to extend the deadline for deposing
experts to January 18, 2021. Doc. 105. Plaintiff now seeks an additional 30 days to
depose Defendant’s expert witness, Mr. Dubinksy. Plaintiff bases this request on
the IRS’s delay in processing Plaintiff’s FOIA requests.
Plaintiff has failed to show good cause to warrant an additional extension.
Plaintiff’s Second Motion to Extend Deposition Deadline (Doc. 106) is DENIED.
Defendant has disclosed Mr. Dubinsky as an expert witness.

Defendant has

disclosed Mr. Dubinky’s report and the appendix indicating the documents on which
Mr. Dubinsky relied to prepare his report. Plaintiff possesses everything necessary
for an effective deposition.
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Case 2:17-cv-00094-BMM Document 109 Filed 12/21/20 Page 2 of 2

The Freedom of Information Act (FOIA) constitutes an independent avenue
for obtaining information. FOIA does not serve as a discovery tool for litigation that
operates outside the bounds and requirements of the Court’s scheduling order.
Plaintiff possesses everything Plaintiff requires in order to explore effectively
through deposition Mr. Dubinsky’s testimony, his expert report, and the supporting
documents on which he relied to prepare his expert report.
IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend Expert
Deposition deadline (Doc. 106) is DENIED.
Dated the 21st day of December, 2020.

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