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)

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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 1 Jan 09, 2017 2 SEAN F. MCAVOY, CLERK UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 4 5 RYAN LOVELADY and LACY L. LOVELADY, 6 Plaintiffs, v. 7 8 9 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, 10 Defendants. 11 12 Before the Court, without oral argument, is Defendant Cascade and Columbia 13 River Railroad Company’s (CCRRC) Motion for Protective Order, ECF No. 41. 14 CCRRC asserts that on Friday, January 6, 2017, it was served with notice of a Rule 15 30(b)(6) deposition set for Tuesday, January 10, 2017, and that it will not be able 16 to adequately prepare a witness to provide testimony by that time. ECF No. 41 at 2- 17 3. CCRRC requests that the court enter a protective order directing the Rule 18 30(b)(6) deposition be continued a minimum of 21 days. It is apparent that CCRRC 19 did not receive timely adequate notice of the Rule 30(b)(6) deposition set for 20 Tuesday, January 10, 2017. The Court makes no finding concerning the fault of any ORDER - 1 1 party for this lack of notice. However, because neither party will be well served by 2 CCRRC being unprepared for a deposition, the Court grant’s CCRRC’s motion. 3 The parties shall confer and agree upon a mutually convenient time and place to 4 conduct the deposition a minimum of 21 days from today’s date. The parties are 5 directed to communicate with one another and avoid involving the court in disputes 6 such as this in the future. 7 Accordingly, IT IS HEREBY ORDERED: 8 1. Defendant’s Motion for Protective Order, ECF No. 41, is GRANTED. 9 2. The Rule 30(b)(6) deposition of defendant Columbia River Railroad 10 Company shall be continued to a date mutually convenient to the 11 parties and not sooner than Friday, January 20, 2017. 12 13 14 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. 15 __________________________ SALVADOR MENDOZA, JR. United States District Judge 16 17 18 19 20 ORDER - 2

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