ADVANCED PAIN MANAGEMENT SERV. LLC, et al. Plaintiffs,
VIC WADHWA, et al. Defendants
MEMORANDUM AND ORDER RE: DEFERRED DEFENDANT DISCOVERY
MARVIN J. GARBIS, District Judge.
The Court has before it Plaintiffs' Motion to Commence Discovery from the Deferred Defendants [Document 84] and the materials submitted relating thereto. The Court finds that a hearing is unnecessary.
The Scheduling Order [Document 58] provides:
3. Fact discovery from Nikkita Wadhwa, Yvonne Bohne, Terrilyn Cohen, and Staci Decker (the "Deferred Defendants") shall proceed pursuant to their agreement or, absent agreement, further Order permitting such discovery.
a) Any such Order shall be issued upon consideration of the need for specified discovery at the time in question and the avoidance of undue burdens.
The parties have been unable to agree regarding fact discovery from the Deferred Defendants. Moreover, Defendants seek to add Defendant Mohammed Alam to the list of Deferred Defendants named in the Scheduling Order. See [Document 91] at 2-3.
The Court finds it no longer appropriate to permit the Deferred Defendants to delay their obligation to respond to discovery. Indeed, even if they had not been named as Defendants, these individuals would be required to respond to third party discovery in the instant case.
As to Defendants Yvonne Bohne, Terrilyn Cohen, and Staci Decker, the Court will permit Plaintiffs to conduct an initial deposition of a full seven hours of testimony in which the deponent shall answer all questions seeking answers within the scope of permissible discovery, subject to reasonable privilege objections. Plaintiffs may, thereafter, continue the deposition by agreement or pursuant to a further Order upon a showing that the deponent has not met the foregoing conditions or that further deposition testimony is warranted.
As to Defendant Nikkita Wadhwa, the Court finds no reason to impose any restrictions upon Plaintiff in addition to those imposed by the Federal Rules of Civil Procedure.
As to Defendant Mohammed Alam, not a Deferred Defendant, the Court imposes no restrictions upon Plaintiff in addition to those imposed by the Federal Rules of Civil Procedure.
For the foregoing reasons:
1. Plaintiffs' Motion to Commence Discovery from the Deferred Defendants [Document 84] is GRANTED.
2. Plaintiff may proceed with discovery from Defendants Nikkita Wadhwa and Mohammed Alam as permitted by the Federal Rules of Civil Procedure.
3. Plaintiff may proceed with discovery from Defendants Yvonne Bohne, Terrilyn Cohen, and Staci Decker as permitted by the Federal Rules of Civil Procedure subject to the ...