Lackey v. Dement, et al

Filing 52

ORDER GRANTING IN PART AND DENYING IN PART 48 Motion to Quash. IT IS FURTHER ORDERED that all discovery in this case is CLOSED as of March15, 2019 with the exception of the records custodian deposition underlying this Order and Plaintiffs previously noticed Rule 30(b)(6) deposition. There will be no further intervention by the Court as to any discovery issued or depositions scheduled outside of the discovery period. Signed by Judge Elizabeth S. Chestney. (rg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
AUSTEN LACKEY,
Plaintiff,
vs.
AUSTIN DEMENT, CRST
EXPEDITED, INC.,
Defendants.

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SA-17-CV-00514-FB

ORDER
Before the Court in the above-styled cause of action is Plaintiff Austen Lackey’s Motion
to Quash Notices of Deposition [#48].

By his motion, Plaintiff asks the Court to quash

deposition notices issued to Tarik Tewary and the custodian of records for non-party Advanced
Diagnostics Hospital East for depositions to occur on March 14, 2019. The Court held a hearing
on the motion on this day, at which counsel for Plaintiffs and Defendants were present. At the
hearing, the parties agreed that the two notices were for the same witness—the custodian of
records of Advanced Diagnostics. The Court issued a number of oral rulings at the hearing,
which the Court now memorializes with these written orders:
IT IS HEREBY ORDERED that Plaintiff Austen Lackey’s Motion to Quash Notices of
Deposition [#48] is DENIED IN PART AND GRANTED IN PART as follows: Defendants
may proceed with the noticed deposition of Advanced Diagnostics’ custodian of records.
However, the deposition will not occur on March 14, 2019 as noticed. Defendants do not waive
any objections to the scope of the deposition. The parties should confer on a mutually agreeable
date for the deposition of the records custodian to be scheduled within 60 days of this Order.
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IT IS FURTHER ORDERED that all discovery in this case is CLOSED as of March
15, 2019 with the exception of the records custodian deposition underlying this Order and
Plaintiff’s previously noticed Rule 30(b)(6) deposition. There will be no further intervention by
the Court as to any discovery issued or depositions scheduled outside of the discovery period.
SIGNED this 11th day of March, 2019.

ELIZABETH S. ("BETSY") CHESTNEY
UNITED STATES MAGISTRATE JUDGE

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