International Brotherhood of Electrical Workers Local Union No. 22/N.E.C.A. Health and Welfare Trust Fund et al v. Genesis Electrical Services

Filing 71

ORDER granting 65 Motion for Protective Order; granting 68 Motion for Hearing. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION NO. 22/N.E.C.A. HEALTH AND WELFARE TRUST FUND, et al., ) ) ) ) ) Plaintiffs, ) ) vs. ) ) GENESIS ELECTRICAL SERVICES, INC., ) ) Defendant. )

8:08CV43 ORDER

This matter is before the court on the defendant's Motion for Protective Order (Filing No. 65) and Motion for Expedited Hearing and/or Ruling on Motion for Protective Order (Filing No. 68). The defendant seeks protection for Bryant Moran from a deposition scheduled for March 11, 2009, due to the defendant's counsel's pending motion to withdraw. The plaintiffs oppose the motion based on the defendant's failure to confer and continued difficulty in scheduling Mr. Moran's deposition. See Filing No. 69. The court held a telephone conference with counsel for the parties on March 9, 2009. Upon consideration,

IT IS ORDERED: 1. The defendant's Motion for Expedited Hearing and/or Ruling on Motion for

Protective Order (Filing No. 68) is granted. 2. 3. The defendant's Motion for Protective Order (Filing No. 65) is granted. The deposition of Bryant Moran currently scheduled for March 11, 2009, is The

continued pending resolution of counsel's motion to withdraw (Filing No. 62). deposition shall be re-scheduled as soon thereafter as practicable. 4.

The plaintiffs are awarded their reasonable costs of responding to the

defendant's Motion for Protective Order (Filing No. 65). The plaintiffs shall have until April 2, 2009, to file an application for such costs in accordance with NECivR 54.4. After the

defendant has an opportunity to respond, the definitive award will be made part of the final judgment in this matter. 5. Moving counsel shall immediately serve a copy of this order on the defendant

and file a certificate of service therefore. DATED this 9th day of March, 2009. BY THE COURT: s/ Thomas D. Thalken United States Magistrate Judge

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