Montgomery v. Sanders et al

Filing 136

DECISION AND ORDER ON PLAINTIFFS' MOTION TO RECONSIDER DECISION AND ORDER SCHEDULING DEPOSITIONS. Signed by Magistrate Judge Michael R Merz on 12/23/2011. (kpf1)

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 ON PLAINTIFFS’ MOTION TO RECONSIDER
DECISION AND ORDER SCHEDULING DEPOSITIONS

This case is before the Court on Plaintiffs’ Motion to Reconsider Decision and Order
Scheduling Depositions (Doc. No. 135). Plaintiffs’ request that the Court order all depositions to
be taken in Dayton, Ohio, at the expense of the United States.
The Motion is denied. Plaintiffs cite no authority for the proposition that a party can pick
the location for deposition of a non-party witness and then compel the opposing party to produce
the witness at the selected location. At least Karen Cleary and Richard Egtvedt and perhaps Allen
Montgomery are beyond the subpoena power of this Court which is without authority to compel
them to attend depositions in Dayton, Ohio. The Court has no objection to further negotiation
between the parties about the location of depositions of Government employee witnesses, but no
change in the dates, times, and places will be made without further order of the Court. In setting the
depositions as it did in the Order for which reconsideration is sought, the Court has already
considered the factors adverted to in the Motion for Reconsideration.
December 23, 2011.
s/ Michael R. Merz
United States Magistrate Judge
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