Montgomery v. Sanders et al
Filing
134
DECISION AND ORDER SCHEDULING DEPOSITIONS. Signed by Magistrate Judge Michael R Merz on 12/20/2011. (mdf1)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JOEL B. MONTGOMERY, et al.,
Plaintiffs,
:
Case No. 3:07-cv-470
-vs-
Magistrate Judge Michael R. Merz
:
MARY L. SANDERS, et al.,
Defendants.
DECISION AND ORDER SCHEDULING DEPOSITIONS
On December 7, 2011, the Court ordered that,
The parties shall, not later than December 20, 2011, set dates for the
depositions of Col. Karen A. Cleary, Emmanuel “Manny” Gomez,
Jr., Gayle C. Blue-Keyes, Teresa A. Schroerluke, Col. Richard T.
Egtvedt, Wes Welker, and Alan Montgomery. and file the agreed
schedule of depositions with the Court. If the parties are unable to
reach an agreement as to deposition dates and locations, or if the
parties fail to file the schedule with this Court, the Court will order
the setting of the depositions. The depositions shall take place and be
completed not later than February 29, 2012.
(Decision and Order, Doc. No. 132, PageID 1871). On December 20, 2011, Defendants’ counsel
reported to the Court that the parties had not reached agreement (Notice, Doc. No. 133). He reported
that, having obtained dates satisfactory to Plaintiffs’ counsel, he had proposed the following
schedule:
1.
Teresa Schroerluke and Manny Gomez at the United States’ Attorney’s Office in Dayton,
Ohio, on January 25 or 26, 2012.
2.
Karen Cleary, Allen Montgomery and Gayle Blu-Keyes in Denver or Colorado Springs on
February 16, 2012.
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3.
Wes Walker at Robins Air Force Base, Georgia, on February 22, 23, and/or 24, 2012.
4.
Robert Egtvedt in Crofton, Maryland, on February 22, 23, and/or 24, 2012.
Plaintiffs’ counsel responded with no objection to the dates, but with a demand that all the
witnesses be produced in Dayton, Ohio (Email attachment to Doc. No. 133, PageID 1887). The
Federal Rules of Civil Procedure provide broad discretion to the Court in ordering the location of
depositions. Wright, Miller & Marcus, Federal Practice and Procedure: Civil 2d § 2112.
Considering the facts presented by the parties, it is hereby ORDERED:
1.
Teresa Schroerluke and Manny Gomez will be deposed at the United States’ Attorney’s
Office in Dayton, Ohio, on January 25, 2012.
2.
Karen Cleary, Allen Montgomery, and Gayle Blu-Keyes will be deposed at the United States
Air Force Academy in Colorado Springs, Colorado, on February 16, 2012. Defendants will
produce Gayle Blu-Keyes without requiring any process from Plaintiffs.
If Allen
Montgomery is an employee of the United States Government, the United States shall
produce him for deposition at the expense of the Government. If Allen Montgomery is not
an employee of the United States Government, Plaintiff must procure his attendance by
subpoena. Plaintiffs must obtain the attendance of Karen Cleary by subpoena.
3.
Wes Walker will be deposed at Robins Air Force Base, Georgia, on February 22, 2012. The
Government shall produce him for deposition without expense to Plaintiffs.
4.
Richard Egtvedt will be deposed at a federal facility to be designated by Defendants’ counsel
forthwith as near as possible to Crofton, Maryland, on February 23, 2012. Plaintiffs must
obtain his attendance by subpoena.
December 20, 2011.
s/ Michael R. Merz
United States Magistrate Judge
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