Zaporowski v. City of Omaha et al

Filing 27

MEMORANDUM AND ORDER - Plaintiff's motion for protective order 20 is granted. Defendants' request that Zaporowski pay defendants' counsel's costs is denied. Ordered by Senior Judge Lyle E. Strom. (KBJ)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
JEANIE ZAPOROWSKI,

)
)
Plaintiff,
)
)
v.
)
)
CITY OF OMAHA, et al.,
)
)
Defendants.
)
______________________________)

8:11CV205

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s motion
for protective order (Filing No. 20) and accompanying index of
evidence (Filing No. 21).

Defendants seek to compel plaintiff’s

attendance at a deposition in Omaha, Nebraska, scheduled for
September 26, 2011.

Plaintiff (Zaporowski) lives in Arizona.

Zaporowski has presented defendants with medical evidence in the
form of a letter from John N. Glover, M.D., stating that
Zaporowski’s “pulmonary conditions do not permit her to travel at
this time” (Ex. 2, Filing No. 21).
“Ordinarily, plaintiff will be required to make himself
or herself available for examination in the district in which
suit was brought.

Since plaintiff has selected the forum, he or

she will not be heard to complain about having to appear there
for a deposition.”

8A Charles Alan Wright et al., Federal

Practice and Procedure § 2112 (3d ed. 2010).

“At best, however,

this is a general rule which is subject to exception, when the
plaintiff can make a compelling showing that its application
would impose an unduly heavy burden . . . .”

Archer Daniels

Midland Co. v. Aon Risk Services, Inc., 187 F.R.D. 578 (D.Minn.

1999).

“It is well settled that the district court has great

discretion in designating the location of taking a deposition
. . . .”

Thompson v. Sun Oil Co., 523 F.2d 647 (8th Cir. 1975).
The Court finds that Zaporowski has made a “compelling

showing” as to “the unduly heavy burden” imposed by attending the
deposition in Omaha.

Accordingly,

IT IS ORDERED:
1) Plaintiff’s motion for protective order is granted.
2) Defendants’ request that Zaporowski pay defendants’
counsel’s costs is denied.
DATED this 22nd day of September, 2011.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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