Dr. Archie Earl v. Norfolk State University et al

Filing 84

MEMORANDUM ORDER - At the final pretrial conference held on March 4, 2016, counsel for Defendants objected to Plaintiffs' use of two party depositions. For the reasons outlined (see order for specifics), the undersigned sustains Defendants' objection, subject to any subsequent finding by the district court that Plaintiffs have established the parties' unavailability, or that their testimony is otherwise necessary in the interest of justice, pursuant to Rule 32(a)(4)(E) of the Federal Rules of Civil Procedure. Copies distributed to counsel. Signed by Magistrate Judge Douglas E. Miller on 3/7/2016. (cchr)

UNITED

STATES DISTRICT

COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

DR. ARCHIE EARL, Individually,
and as Representative of the Class
of all similarly situated persons
at Norfolk State University,
Plaintiffs,
v.

No.

NORFOLK STATE UNIVERSITY,

et.

2:13cvl48

al. ,

Defendants.

MEMORANDUM ORDER

At

the

final

pretrial

conference

held

on

counsel for Defendants objected to Plaintiffs'

depositions.

Two

Plaintiffs,

Dr.

Chijioke

March

4,

2016,

use of two party

Alkamiro

and

Dr.

Curtiss Wall, sought to introduce their own deposition testimony
at

trial

in

lieu

of

live

testimony.

Plaintiffs'

counsel

proffered that both parties would be unable to attend the trial,
and

therefore

necessary.
sustains

finding
the

the

For

use

the

Defendants'

of

reasons

deposition

outlined

objection,

by the district

parties'

their

court

testimony

below,

undersigned
subsequent

that Plaintiffs have

established

or

that

to

be

any

unavailability,

subject

the

would

their

testimony

is

otherwise necessary in the interest of justice, pursuant to Rule
32

of the Federal

Rules

of Civil

Procedure.