R.L. v. Burke County Public Schools Board of Education et al

Filing 39

ORDER granting 35 Motion to Compel. The Court COMPELS the deposition of the minor Plaintiff A.L. The deposition shall occur prior to the close of discovery in this case and can be taken by any attorney appearing for the Defendants.. Signed by Magistrate Judge Dennis Howell on 06/23/14. (Pro se litigant served by US Mail.)(emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13cv227
R.L., AS LAWFUL GUARDIAN AD
LITEM OF MINOR CHILD, A.L.,
Plaintiff,
v.
BURKE COUNTY PUBLIC
SCHOOLS BOARD OF EDUCATION,
et al.,
Defendants.
_______________________________

)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER

Pending before the Court is the Motion to Compel [# 35]. Defendants move
to compel the deposition of the minor Plaintiff A.L. (“Plaintiff”). Plaintiff, who is
fifteen years old, contends that she will suffer unnecessary harm by allowing
counsel for Defendants to depose her as part of this civil litigation. Upon a review
of the pleadings, the record, and the relevant legal authority, the Court finds that
allowing the deposition of Plaintiff is warranted in this case.
Plaintiff brought this civil action for damages against Defendants. Although
the Court is mindful of the difficulty that a deposition may cause Plaintiff,
Defendants are entitled to depose the Plaintiff during the discovery period.

-1-

Defendants would suffer significant prejudice if this Court were to require
Defendants to proceed to trial without first obtaining the testimony of Plaintiff
under oath through a deposition. Moreover, Plaintiff has not provided this Court
with a single citation to any legal authority in support of her contention that the
deposition of Plaintiff is inappropriate in this case. Cursory legal arguments,
unsupported by legal authority, carry little weight in this Court. Accordingly, the
Court GRANTS the Motion to Compel [# 35]. The Court COMPELS the
deposition of the minor Plaintiff A.L. The deposition shall occur prior to the close
of discovery in this case and can be taken by any attorney appearing for the
Defendants.
Signed: June 23, 2014

-2-