Onate v. AHRC Health Care, Inc.
- Willis
- 1:20-cv-08292
- U.S. District Court · Southern District of New York
- 2
In Onate v. AHRC Health Care, Judge Willis granted the motion to compel AHRC’s CFO’s deposition but allowed flexible scheduling.
The plaintiff who sought the deposition and AHRC Health Care, Inc., whose Chief Financial Officer was ordered to appear for a deposition.
What happened
In Onate v. AHRC Health Care, a plaintiff asked the court to require AHRC Health Care, Inc. to produce its Chief Financial Officer, Amy West, for a deposition.
The court granted the motion to compel. It also ruled that West’s deposition did not have to occur first, even though the plaintiff had scheduled it before the other depositions.
At a March 1, 2023 conference, Judge Jennifer E. Willis explained that flexible scheduling would allow better witness preparation and scheduling. The order did not require West’s deposition to occur in a specific sequence.
The detailed version
- Onate v. AHRC Health Care, Inc. · No. 1:20-cv-08292
- Willis
- Mar. 1, 2023
Background
On February 7, 2023, a plaintiff filed a motion to compel the deposition of AHRC Health Care, Inc.’s Chief Financial Officer, Amy West. AHRC opposed the motion on February 10, 2023. The court held a conference attended by both parties on March 1, 2023.
Ruling
The court granted the motion to compel West’s deposition. The court also ruled that the deposition did not have to occur first, even though the plaintiff had noticed it before the other depositions. The court cited authority recognizing its ability to set the timing and sequence of discovery, including Federal Rule of Civil Procedure 26(d).
Effect
AHRC was required to provide West for a deposition, but the deposition could be scheduled after other depositions. The order did not specify a particular deposition date.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.