Polycarpe v. E & S Landscaping Service, Inc.
Polycarpe v. E & S Landscaping Service, Inc.
Opinion of the Court
ORDER DENYING DEFENDANTS’ MOTION (DE #53) AND DENYING PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER (DE # 56)
THIS MATTER comes before the Court on Defendants’ Motion (DE # 53), filed August 17, 2011, seeking involuntary dismissal, sanctions, an order to compel depositions, and an order of contempt based on the Plaintiffs’ failure to appear for noticed depositions. The above-styled case was originally filed in this Court in 2007. During that time, both sides engaged in discovery, including depositions of the relevant parties. After this Court granted summary judgment in favor of the defendants (DE # 24), the Eleventh Circuit Court of Appeals vacated the order for summary judgment and remanded the case back to this Court. This Court entered an order re-opening the case (DE #44) on March 18, 2011. Defendants now seek to take a second round of depositions of the two Plaintiffs, Polycarpe and Sully.
Plaintiffs are correct that the Federal Rules of Civil Procedure require leave of court to take more than one deposition of a party. Fed. R. Civ. Pro. Rule 30(a)(2)(A)(ii).
Accordingly, having considered the parties’ filings and being otherwise advised, it is hereby ORDERED, ADJUDGED, and DECREED that:
1. Defendants’ Motion (DE # 53) be, and the same is hereby, DENIED without prejudice. Defendants may renew the Motion for Sanctions to seek costs after close of trial.
2. Plaintiffs’ Motion for Protective Order (DE # 56) be, and the same is hereby, DENIED. Plaintiffs SHALL submit to depositions by the scheduled discovery deadline of August 31,2011.
. Plaintiffs filed a single document that purports to be both a Response to Defendants’ Motion (DE # 55) and a Motion for Protective Order (DE #56). This document is posted twice on the docket, both as entry # 55 for the Response, as well as entry #56 for the Motion. Accordingly, this Order refers to the dual entry of the document and its respective designations in this manner.
. Plaintiffs actually cite to Rule 30(a)(2)(B), which applies exclusively to incarcerated deponents (DE # 55, at HU 3 & 9). Nevertheless, it is apparent from the underlying facts that Rule 30(a)(2)(A)(ii) applies, which refers to multiple depositions of a single deponent.
Reference
- Full Case Name
- Resias POLYCARPE and Reynold Sully and all others similarly situated v. E & S LANDSCAPING SERVICE, INC. and Ernst Mayard
- Status
- Published