Basile v. Southwest Airlines Company

Filing 82

DISCOVERY PLAN AND ORDER. See Order for deadlines. Signed by Judge Richard F. Boulware, II on 3/28/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CONSTANTINO BASILE, an individual,

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Case No. 2:15-cv-01883-RFB-VCF

Plaintiff,

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v.

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SOUTHWEST AIRLINES CO., and
JOHN/JANE DOES 1-10, inclusive,

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Defendants.

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DISCOVERY PLAN AND ORDER

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WHEREAS, Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint pursuant to

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FRCP 12(b)(6) (Doc. 58) having come on for hearing before the Court on March 6, 2017;

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WHEREAS, all of Plaintiff’s Claims for Relief having been dismissed, with prejudice,

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with the sole exception of Claim Number One for Defamation; and
WHEREAS, the Court will allow limited discovery on the circumstances surrounding

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Plaintiff’s defamation claim,

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IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:

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(1) All discovery shall be concluded no later than 90 days
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after the date of this Order.

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(2) Plaintiff may take the depositions of up to five witnesses with relevant knowledge of

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the circumstances surrounding the defamation claim, each deposition to last no more than two

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hours.

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(3) Defendant may take the deposition of up to five witnesses, including Plaintiff herein,

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with relevant knowledge of the circumstances surrounding the defamation claim, each deposition

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to last no more than two hours.
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(4) As previously ordered by the United States Magistrate Judge (Doc. #23), depositions

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to be taken by Plaintiff shall be conducted at the Lloyd D. George United States Courthouse, and

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Plaintiff is to coordinate the date and time of said depositions with Magistrate Ferenbach’s

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Judicial Assistant, Mai Tieu, at [phone].

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(5) Insofar as depositions to be taken by Plaintiff will be taken at the Courthouse, as
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aforesaid, Defendant agrees to produce any current Southwest Airlines employees, who

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otherwise qualify under No. (2), above, for their depositions at the Courthouse.

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(6) Defendant will not be allowed to take the deposition of the San Francisco Southwest
Airlines counter employee.

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(7) Defendant will use best efforts to provide Plaintiff with contact information for the

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Metropolitan Police Officer who detained and questioned Plaintiff following arrival of Flight 502

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at Las Vegas McCarran Airport.

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(8) Defendant will use best efforts to locate any recordings of communications between

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Southwest Airlines employees and/or Metro pertaining to this incident.
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(9) The scope of all depositions taken by either party shall be strictly limited to factual

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information directly relating to the alleged defamation, and no personal information such as

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telephone numbers, social security numbers, bank account numbers, cell phone providers,

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financial information, and any other such information of whatsoever nature shall be inquired into

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or allowed.
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(10) The passenger manifest for Southwest Airlines Fight No. 502 shall not be made
available.

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IT IS FURTHER ORDERED that discovery is referred to Magistrate Judge Ferenbach.
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IT IS FURTHER ORDERED that Plaintiff MUST sit for a deposition by Defendant.

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If Plaintiff does not submit to a deposition in this case within 75 days of the date of this order, he

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may be subject to sanctions up to and including monetary sanctions and dismissal of his entire

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case.

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IT IS SO ORDERED this 28th day of March, 2017.
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________________________________
RICHARD F. BOULWARE II
UNITED STATES. DISTRICT JUDGE

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