Hornbuckle v. Adecco USA

Filing 41

ORDER granting in part and denying in part 32 Plaintiff's MOTION to Compel discovery and clarify 052309 Order, Emergency MOTION for Discovery per FRCP30(b)(6). Certain topics in the notice of deposition are stricken; one is modified; others are not permitted at this time. Signed by Magistrate Judge David Nuffer on 10/5/09. (DN)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, NORTHERN DIVISION

SUSAN L. HORNBUCKLE, Plaintiff, vs.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO COMPEL

Case No: 1:07-CV-110 TC ADECCO USA, INC. Defendant. District Judge Tena Campbell Magistrate Judge David Nuffer

Plaintiff Susan Hornbuckle has filed a motion requesting that Defendant Adecco USA, Inc., be compelled to produce a company representative pursuant to Federal Rule of Civil Procedure 30(b)(6) to provide deposition testimony about certain topics.1 Adecco has filed an opposition.2 The factual background for Hornbuckle's motion is set forth more fully in the parties' memoranda.3 After carefully considering the parties' submissions, the court rules as follows: The Motion to compel is GRANTED IN PART and DENIED IN PART. Topics 1-11 are improper at this time for the reasons stated in the court's order of May 23, 2009.4

1

P la in tiff's Motion to Clarify Order and Compel Discovery, docket no. 32, filed September 21, 2009.

2

M e m o r a n d u m in Opposition to Plaintiff's Motion to Clarify Order and Compel Discovery (Opposition M e m o r a n d u m ) , docket no. 38, filed October 1, 2009. M e m o r a n d u m in Support of Plaintiff's Motion to Clarify Order and Compel Discovery at 1-4, docket no. 33, filed S e p te m b e r 21, 2009; Opposition Memorandum at 1-4.
4

3

D o c k e t no. 27.

Topic 12 is stricken. Topic 13 shall be treated as a contention interrogatory and shall be answered on or before October 13, 2009. Topic 14 is stricken. Topics 1-5 on Deposition Day 3 ("DD3") are stricken.

October 5, 2009. BY THE COURT:

_____________________________ David Nuffer U.S. Magistrate Judge

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