Moore, Jr. et al v. Alcatel-Lucent USA, Inc. et al

Filing 155

ORDER granting #151 Motion for Leave to Take the Continued Deposition of Plaintiff; and denying as moot #142 Motion for Protective Order. Signed by Magistrate Judge Dennis Howell on 6/1/2017. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16cv157
HOWARD MILTON MOORE, JR.
AND LENA MOORE,

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Plaintiffs,
v.
ALCATEL-LUCENT USA, INC.,
et al.,
Defendants.
_______________________________

ORDER

Pending before the Court is the Motion for Leave to Take the Continued
Deposition of Plaintiff [# 151]. Plaintiffs move for leave pursuant to Rule 30 of
the Federal Rules of Civil Procedure to allow the continued deposition of Plaintiff
Howard Moore. On May 17, 2017, this Court entered an Order directing the
Defendants to respond to the Plaintiffs’ motion by May 19, 2017. (Order, May 17,
2017, ECF No. 153.) Defendants, however, failed to respond to the motion or to
the Court’s Order. Accordingly, the Court deems the motion as unopposed due to
Defendants’ failure to comply with an Order of this Court. The Court GRANTS
the motion [# 151] and DENIES as moot the Motion for Protective Order [# 142].
Plaintiffs may continue the deposition of Plaintiff Howard Moore at a mutual
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agreeable time and place. If the parties cannot mutually agree each side may select
two dates to submit to the Court and the Court will select from the four dates and
order that the deposition occur on that date. The deposition, however, may not
exceed two hours of direct testimony and four hours of total testimony.

Signed: June 1, 2017

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