Lovelady et al v Garry Will et al

Filing 42

ORDER GRANTING DEFENDANT'S MOTION FOR PROTECTIVE ORDER Re: 41 Motion for Protective Order. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jan 09, 2017

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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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RYAN LOVELADY and LACY L.
LOVELADY,

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Plaintiffs,
v.

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No. 2:15-CV-0221-SMJ

ORDER GRANTING
DEFENDANT’S MOTION FOR
PROTECTIVE ORDER

GARY WILL d/b/a WILL LOGGING
AND CONSTRUCTION; and
CASCADE AND COLUMBIA RIVER
RAILROAD COMPANY,

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Defendants.
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Before the Court, without oral argument, is Defendant Cascade and Columbia

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River Railroad Company’s (CCRRC) Motion for Protective Order, ECF No. 41.

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CCRRC asserts that on Friday, January 6, 2017, it was served with notice of a Rule

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30(b)(6) deposition set for Tuesday, January 10, 2017, and that it will not be able

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to adequately prepare a witness to provide testimony by that time. ECF No. 41 at 2-

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3. CCRRC requests that the court enter a protective order directing the Rule

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30(b)(6) deposition be continued a minimum of 21 days. It is apparent that CCRRC

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did not receive timely adequate notice of the Rule 30(b)(6) deposition set for

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Tuesday, January 10, 2017. The Court makes no finding concerning the fault of any

ORDER - 1

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party for this lack of notice. However, because neither party will be well served by

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CCRRC being unprepared for a deposition, the Court grant’s CCRRC’s motion.

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The parties shall confer and agree upon a mutually convenient time and place to

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conduct the deposition a minimum of 21 days from today’s date. The parties are

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directed to communicate with one another and avoid involving the court in disputes

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such as this in the future.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Defendant’s Motion for Protective Order, ECF No. 41, is GRANTED.

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2.

The Rule 30(b)(6) deposition of defendant Columbia River Railroad

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Company shall be continued to a date mutually convenient to the

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parties and not sooner than Friday, January 20, 2017.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide copies to all counsel.
DATED this 9th day of January 2017.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER - 2