Walker et al v. Louisville Ladder, Inc.

Filing 73

ORDER that Plaintiffs' 70 Supplemental MOTION Allowing videotaped deposition of Dr. Michael McCollum is GRANTED. Plaintiffs shall be allowed to use the videotaped deposition of Dr. Michael McCollum at trial. Signed by District Judge Thomas A Varlan on 2/24/09. (ANB)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE LARRY L. WALKER and wife, CYNTHIA WALKER, Plaintiffs, v. LOUISVILLE LADDER, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ORDER This civil action is before the Court on the plaintiffs' Supplemental Motion Pursuant to Rule 32 to Prove Exceptional Circumstances Thus Allowing the Plaintiffs to Use the Videotaped Deposition of Dr. Michael McCollum. [Doc. 70.] Plaintiffs based this request on the "exceptional circumstance" that Dr. McCollum will be on a family vacation from February 24, 2009, through March 2, 2009. Plaintiffs have filed an affidavit in support of the motion. The Court finds that plaintiffs have sufficiently established "exceptional circumstances" as to Dr. McCollum. Thus, Plaintiffs' Supplemental Motion Pursuant to Rule 32 to Prove Exceptional Circumstances Thus Allowing the Plaintiffs to Use the Videotaped Deposition of Dr. Michael McCollum [Doc. 70] is well-taken, and it is hereby GRANTED. Plaintiffs shall be allowed to use the videotaped deposition of Dr. Michael McCollum at trial. IT IS SO ORDERED.
s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

No.:

3:07-CV-377 (VARLAN/SHIRLEY)