Chudacoff v. University Medical Center Of Southern Nevada et al

Filing 570

ORDER Denying 416 Motion for Reconsideration re 374 Order on Motion for Protective Order. Signed by Magistrate Judge Robert J. Johnston on 9/28/12. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 9 10 11 RICHARD M. CHUDACOFF, M.D., 12 Plaintiff, 2:08-cv-00863-ECR-RJJ 13 14 15 vs. ORDER UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, et. al. Defendants. 16 17 This matter came before the Court on Defendants’ Motion for Reconsideration of This 18 19 Court’s March 1, 2012, Order (#416). The Court has considered the Motion (#416), Joinder 20 (#427), Plaintiff's Response (#439) and Defendants Reply (#459). The Defendants have asked the Court to reconsider the Court’s Order (#374) filed March 21 22 1, 2012. The portion of the Order (#374) being questioned is regarding the taking of Shana 23 Tello's deposition. There is considerable disagreement between the parties regarding how Tello's 24 deposition was set. However, it did proceed without much useful information being provided. 25 The disputes at the time of the deposition escalated to the point that a Magistrate Judge, not 26 assigned to the case, entered the fray in an attempt to assist the parties in the absence of the 27 assigned Magistrate Judge, who was out of the District. 28 /// 1 2 Rather than recite and revisit the tortured history of this dispute, the Court will deny the Motion for reconsideration with the following caveats: 3 1. When noticing a deposition pursuant to Fed. R. Civ. P. 30(b)(6), the noticing party 4 shall not attempt to designate the deponent. The Rule reserves that right to the noticed party. 5 6 7 2. If the Plaintiff seeks the deposition of Shana Tello, he should notice her deposition in accordance with Fed. R. Civ. P. 30(a). 3. The Court will, in a separate order, extend discovery once again to include the matters 8 sought by the Plaintiff, consistent with the earlier order allowing limited discovery. See, Order 9 (#302). Further, although there can be some argument about whether or not Shana Tello falls 10 within the parameters of the Order (#302), the Court specifically authorizes the taking of her 11 deposition in the interest of allowing this case to proceed to trial on the merits. 12 13 14 IT IS THEREFORE ORDERED that Defendants’ Motion for Reconsideration of this Court’s March 1, 2012, Order (Document 374) is DENIED. DATED this 28th day of September, 2012. 15 16 17 18 ROBERT J. JOHNSTON United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 2

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