Mason et al v. Health Management Associates, Inc. et al

Filing 316

AMENDED ORDER in re: 296 MOTION to Reconvene the Deposition of Gregory D. Lowe. Signed by District Judge Kenneth D. Bell on 11/22/2022. (brl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:10-CV-00472-KDB
THOMAS L. MASON, ET AL.,
Plaintiffs,
v.

ORDER

HEALTH MANAGEMENT
ASSOCIATES, LLC, ET AL.,
Defendants.

THIS MATTER is before the Court sua sponte to reconsider its Order granting Plaintiffs’
Motion to Reconvene the deposition of Gregory D. Lowe, Doc. No. 310, in light of Mr. Lowe’s
response in opposition. See Doc. Nos. 314, 315. Having fully considered the Motion and both
Defendants’ and Lowe’s response, the Court amends its earlier Order to again grant the Motion in
part. Plaintiffs are permitted to reconvene Lowe’s deposition for up to ninety (90) minutes of
questioning by Plaintiff’s counsel. Defendants’ counsel and Lowe’s counsel may also question the
witness for a reasonable length of time (not to exceed 30 minutes each). Additionally, Plaintiffs
are required to provide to Lowe a copy of any exhibit or document they intend to show him at least
three days prior to the date of the deposition. The Court will deny Plaintiffs’ and Lowe’s Motion
as to an award of attorneys’ fees and costs related to this Motion and the reconvening of the
deposition. 1

1

The Court has entered this Order prior to the potential filing of further responsive briefing to
close this issue and permit the parties to move forward with scheduling the reconvened deposition.
In doing so, the Court has primarily relied on its independent review of the full deposition
transcript in finding good cause to reconvene the deposition for a limited period of time and
1
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SO ORDERED

Signed: November 22,
2022

therefore no further briefing is needed. Moreover, the Court has assumed that Plaintiffs would
challenge Lowe’s characterization of Plaintiffs’ counsel’s behavior at the deposition and
accordingly has not relied on that argument in reaching its decision.
2
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