Adams v. TDC General Contractors LLC

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
REUBEN L. ADAMS 	PLAINTIFF
v. 	Case No. 4:22-cv-04110
TDC GENERAL CONTRACTORS LLC 	DEFENDANT
ORDER
Before the Court is Defendant’s Motion for Protective Order. ECF No. 37. Plaintiff has
responded. ECF No. 38. The Court finds the matter ripe for consideration.
The parties previously agreed to conduct an in-person deposition of Defendant’s witness,
Donnie Sealy, on January 18, 2024, in Texarkana Arkansas. 	ECF No. 37. 	Due to weather
conditions, Defendant seeks to postpone the deposition. 	Id. 	Rather than agree to postpone the
deposition, Plaintiff noticed Defendant’s witness for a virtual deposition to occur on the same date.
ECF No. 37-2. However, Defendant states that “[d]ue to the probable lack of power and inability
to travel, Defendant’s counsel cannot adequately prepare its witness in advance of the scheduled
deposition.” ECF No. 37. Accordingly, Defendant requests the Court “enter a Protective Order
stating the January 18, 2024, deposition of [Donnie] Sealy be postponed to a future date when it is
safe and practical for all parties to travel.” 	Id. 	Plaintiff objects to Defendant’s request for a
protective order and requests Donnie Sealy “to appear for a deposition, conducted virtually or in
person as Plaintiff chooses, on January 23, 2024, commencing at 9 a.m., or such date and time as
this Honorable Court finds reasonable and just.” ECF No. 38. The current discovery deadline is
May 19, 2024. ECF No. 36.
Upon review, the Court finds the instant motion (ECF No. 37) should be and hereby is
GRANTED. Defendant is not required to attend the deposition scheduled for January 18, 2024.
However, given that the Court does not know the parties’ schedules, it makes no determination
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regarding the location or date of the deposition. 	The Court again implores the parties to
communicate more productively and proactively regarding their preferences for conducting
depositions going forward.
IT IS SO ORDERED, this 16th day of January, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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