USA v. Hulick et al

Filing 87

ORDER granting 83 Motion to Compel. The government shall produce the two revenue officers for deposition within the next 21 days and file a memorandum on or before March 14, 2012, explaining why the Hulicks are not entitled to their costs and fees under FRCP 37(a)(5)(A). So Ordered by Magistrate Judge Landya B. McCafferty.(vln)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

United States of America
v.

Civil No. 08-cv-499-SM

David M. Hulick, et al
NOTICE OF RULING / ORDER
Re: Document No. 83, Motion to Compel
Ruling:

The Hulicks' motion to compel is granted. The

government shall produce the two revenue officers for deposition
within the next 21 days.

With respect to the Hulicks' request for

fees and costs, the government shall file a memorandum on or before
March 14, 2012, explaining why the Hulicks are not entitled to their
costs and fees under FRCP 37(a)(5)(A). That memorandum shall be no
longer than ten (10) pages. That memorandum shall address why it was
necessary for the Hulicks to litigate this discovery dispute in the
face of: (a) the court's having granted the parties' joint request
for a continuance, (b) the court's subsequent ruling that the
Hulicks' outstanding request to extend discovery (to allow for these
depositions prior to trial)

was moot, and (c) the government's

agreement in principle, at an earlier point in this litigation, to

extend discovery to allow for these depositions prior to trial.

Date:

cc:

March 1, 2012

Counsel of Record

/s/ Landya B. McCafferty
Landya B. McCafferty
US Magistrate Judge