Melendez v. Gulf Vessel Management Inc et al

Filing 63

ORDER granting in part and denying in part 45 Motion to Compel Plaintiff's Attendance, signed by Judge Marsha J. Pechman.(SC)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 The above-entitled Court, having received and reviewed 1. Defendant's Motion to Compel Plaintiff to Attend a Deposition and Independent Medical Exam in the State of Washington (Dkt. No. 45) 2. Plaintiff Jose Melendez' Opposition to Motion to Compel Deposition and Independent Medical Exam in the State of Washington (Dkt. No. 56) 3. Reply in Support of Motion to Compel Plaintiff to Attend a Deposition and Independent Medical Exam in the State of Washington (Dkt. No. 61) v. GULF VESSEL MANAGEMENT, et al.,, Defendant. JOSE MELENDEZ, Plaintiff, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CASE NO. C09-1100 ORDER ON MOTION TO COMPEL PLAINTIFF'S ATTENDANCE

23 and all attached declarations and exhibits, makes the following ruling: 24
ORDER ON MOTION TO COMPEL PLAINTIFF'S ATTENDANCE- 1

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IT IS ORDERED that, if Plaintiff fails to appear to complete his deposition or to present

2 himself for an independent medical examination, Defendant may file a motion to dismiss. 3 IT IS FURTHER ORDERED that Plaintiff's counsel shall confirm Plaintiff's appearance

4 with Defendants' counsel in advance of the dates scheduled for the IME and the completion of 5 his deposition. Failure to contact Defendant's counsel in advance, or failure of Plaintiff to 6 appear following confirmation, will result in the shifting of costs to Plaintiff's counsel. 7 The Court will not order Plaintiff to attend the completion of his deposition or an IME

8 since to do so would be contrary to the deportation order to which he is subject. Jordan Decl., 9 Ex. 9. However, having initiated this lawsuit, Plaintiff is obligated to prosecute it in good faith 10 and to meet the legitimate requests of the opposing party; e.g., completion of his deposition and 11 submission to an independent medical examination in the forum state. 12 Defendants may schedule the remainder of the deposition and the IME at a reasonable

13 place and time. Plaintiff's counsel will contact Defendant's counsel to confirm Plaintiff's 14 appearance in advance of the deposition and the IME; failure to notify defense counsel in 15 advance of whether Plaintiff will appear, or the failure of Plaintiff to appear following 16 confirmation, will result in a shifting of costs to Plaintiff's counsel. Should Plaintiff choose to 17 not appear at either of those proceedings, the Court will entertain a motion to dismiss this lawsuit 18 for failure to prosecute and participate in good faith. 19 20 21 22 23 24
ORDER ON MOTION TO COMPEL PLAINTIFF'S ATTENDANCE- 2

The clerk is ordered to provide copies of this order to all counsel. Dated October 28, 2010.

Marsha J. Pechman United States District Judge

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