Huffnagle et al v. Loiacono

Filing 56

ORDER: Magistrate Judge Bryant finds that plaintiffs' motion to quash the deposition notices for the week of April 15 should be GRANTED due to the unavailability of plaintiffs' counsel during that week. The undersigned further finds, howe ver, that these depositions need to be taken as soon as reasonably possible, and that the deadline for completing fact discovery should be EXTENDED from May 1, 2013, until July 31, 2013. Counsel are directed to confer in good faith in an attempt to reschedule the depositions of the plaintiffs at a mutually agreeable time with due consideration to the schedules of all involved. Signed by Magistrate Judge John S. Bryant on 4/11/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JAMES HUFFNAGLE, et al.,

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Plaintiffs,
v.
ANTHONY LOIACONO, et al.,
Defendants.

NO. 3:11-1009
Judge Campbell/Bryant
Jury Demand

O R D E R
Plaintiffs have filed their motion for protective order
to quash notices of depositions and to extend the discovery
deadline (Docket Entry No. 51).

By this motion plaintiffs seek an

order quashing notices to take the depositions of plaintiffs during
the week beginning Monday, April 15, 2013. Plaintiffs additionally
seek an extension of the deadline for completion of fact discovery.
As grounds, plaintiffs’ counsel states that she is unavailable for
depositions during the week of April 15 because she is scheduled to
begin a two-week trial on Monday, April 22, 2013, in Cheatham
County, and that she will be engaged in pretrial activities during
the week of April 15.
Plaintiffs also argue that their depositions should not
proceed because defendants have not fully responded to certain
written discovery.
In their response (Docket Entry No. 54), defendants
assert that they have been attempting unsuccessfully for months to
schedule agreeable dates for depositions of the plaintiffs.

The

attached emails between counsel demonstrate that numerous potential
deposition dates have been proposed and rejected due to scheduling
conflicts in the calendars either of counsel or the parties.

Defense counsel state, in substance, that they have noticed the
depositions of the plaintiffs for the week beginning April 15
because no other acceptable dates have been proposed and the
current deadline for completing fact discovery is May 1, 2013.
From a review of the motion, the response, and the
related filings of the parties, the undersigned Magistrate Judge
finds that plaintiffs’ motion to quash the deposition notices for
the week of April 15 should be GRANTED due to the unavailability of
plaintiffs’ counsel during that week.

The undersigned further

finds, however, that these depositions need to be taken as soon as
reasonably possible, and that the deadline for completing fact
discovery should be EXTENDED from May 1, 2013, until July 31, 2013.
Counsel are directed to confer in good faith in an attempt to
reschedule

the

depositions

of

the

plaintiffs

at

a

mutually

agreeable time with due consideration to the schedules of all
involved.

If agreement cannot be reached, the parties may proceed

to schedule these depositions by notice in accordance with the
Federal

Rules

permitted

to

of

Civil

postpone

Procedure.
these

Plaintiffs

depositions

on

the

shall

not

ground

be

that

defendants have not fully responded to written discovery.
It is so ORDERED.
s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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