Cox et al v. Continental Casualty Company

Filing 72

ORDER Denying 65 Continental's motion to depose Dr. Duyzend in Seattle, by Judge Marsha J. Pechman.(RM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KATHRYN COX, et al.,

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Plaintiffs,
v.

CASE NO. C13-2288 MJP
ORDER DENYING
CONTINENTAL’S MOTION TO
DEPOSE DR. DUYZEND IN
SEATTLE

CONTINENTAL CASUALTY
COMPANY,

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Defendant.
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THIS MATTER comes before the Court on the Parties’ LCR 37 Joint Submission
regarding Continental’s motion to depose Dr. Duyzend in Seattle, as opposed to in Europe or via

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videoconference from Europe. (Dkt. No. 65.) The Federal Rules require courts to pursue the
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“just, speedy, and inexpensive determination” of every case. Fed. R. Civ. P. 1. Here, the Cox

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Plaintiffs have offered to present non-party and United States citizen Dr. Duyzend for video
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deposition (or deposition in person in Europe, where he lives). Because the Court finds that Dr.
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Duyzend’s deposition is “necessary in the interest of justice,” 28 U.S.C. § 1783, Continental may

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ORDER DENYING CONTINENTAL’S MOTION
TO DEPOSE DR. DUYZEND IN SEATTLE- 1

1 proceed via subpoena as described in FRCP 45(b)(30) and should make an election between the
2 two options (video deposition or in-person deposition in Europe) offered by Plaintiffs.
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The clerk is ordered to provide copies of this order to all counsel.

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Dated this 5th day of June, 2014.

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A

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Marsha J. Pechman
Chief United States District Judge

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ORDER DENYING CONTINENTAL’S MOTION
TO DEPOSE DR. DUYZEND IN SEATTLE- 2