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Fisher v. Perma-Fix of Dayton

January 29, 2007

BARBARA FISHER, PLAINTIFF,
v.
PERMA-FIX OF DAYTON, INC., DEFENDANT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

DECISION AND ORDER

This case is before the Court on Plaintiff's Motion to Continue the Deposition of John Staton (Doc. No. 76), Defendant's Memorandum in Opposition (Doc. No. 77), and Plaintiff's Reply Memorandum in Support (Doc. No. 78).

Plaintiff represents that John Staton is Defendant's plant manager in Dayton. As grounds therefor, Plaintiff asserts that 1100*fn1 documents revealing the breadth of Mr. Staton's role in this matter were produced only on January 5, 2007, shortly before the January 11, 2007, deposition, precluding thorough review before the deposition commenced. Plaintiff seeks an additional four hours.

Upon consideration of the motion papers, the Court finds Plaintiff has established that an additional four hours of deposition is needed for a fair examination of Mr. Staton given his broad involvement in the issues in this case. The Court notes that his claim of burden has not been particularized, but is made in conclusory terms. While the Court appreciates that there may be some interference with the daily job duties of the deponent and other deponents now scheduled, the Court notes that this case has been pending for over two years, that Rule 26 and this Court's pretrial orders strongly encourage the parties to plan discovery, and that, simply put, it is not the Court's fault that this many depositions have to be taken within the next two to three weeks. Considered apart from the fast-approaching discovery cut-off, the request for an additional four hours with Mr. Staton is completely reasonable.

The Motion to Continue is GRANTED.

Michael R. Merz Chief United States ...


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