Ramos-Perez v. National Life Insurance Company et al

Filing 33

OPINION AND ORDER granted 28 30 Motions to Compel Dr. Rolando Irizarry-Baez to attend deposition; noted 32 Informative Motion re: deposition of plaintiff's treating physicians; finding as moot 27 Motion to Compel Dr. Luis Diaz-Rosado to attend deposition. Signed by Judge Carmen C. Cerezo on 1/18/2012. (mld)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
JOEL M. RAMOS-PEREZ
Plaintiff
vs

CIVIL 11-1256CCC

NATIONAL LIFE INSURANCE COMPANY;
WILLIAM HORBATT, his wife SHIRLEY
HORBATT, and the conjugal legal
partnership composed by them; INSURANCE
COMPANY XYZ
Defendants
NATIONAL LIFE INSURANCE COMPANY
Cross-Claimant
vs
WILLIAM HORBATT, his wife SHIRLEY
HORBATT, and the conjugal legal
partnership composed by them
Cross-Defendants

OPINION AND ORDER
Before the Court is defendant National Life Insurance Company’s (National) Motions
to Compel Dr. Rolando Irizarry-Báez (docket entries 28 and 30), one of plaintiff’s treating
physicians, to attend a deposition as a fact witness.1 Although defendant tendered the
$40.00 witness fee plus an allowance for mileage for the doctor’s appearance at the
deposition, as mandated by 28 U.S.C. § 1821, Dr. Irizarry’s secretary informed that he does
not attend depositions. No opposition to the motions or a motion for protective order has
been filed with regard to Irizarry’s testimony.

Pursuant to Federal Rule of Civil

Procedure 45(a)(2)(B), if a witness refuses to give deposition testimony, this Court may
issue a subpoena to compel him to attend a deposition in this district.

1

National having filed an Information Motion (docket entry 31) which is NOTED,
informing the Court that Dr. Díaz attended his deposition, the Motion to Compel his
attendance (docket entry 27) is MOOT.

CIVIL 11-1256CCC

2

There being no reason for Irizarry’s refusal to be deposed, the motions to compel
(docket entries 28 and 30) are GRANTED. Accordingly, the Clerk of Court shall issue a
subpoena to compel Dr. Rolando Irizarry’s attendance at his deposition, to be held no later
than February 3, 2012. Pursuant to Fed. R. Civ. P. 45(e), this Court may hold Irizarry in
contempt if, without adequate excuse, he fails to obey the subpoena. Irizarry shall notify
movants within 24 hours of service of the subpoena if he has a legitimate excuse to change
to the setting. Otherwise, such excuse will be waived. Any agreed upon change in the date
for the deposition must fall within the allowed parameters.
SO ORDERED.
At San Juan, Puerto Rico, on January 18, 2012.

S/CARMEN CONSUELO CEREZO
United States District Judge