Kelly v. Graphic International, LLC
| William Kelly |
| Graphic Packaging International, LLC |
| IN RE: SUBPOENA TO TESTIFY AT A DEPOSITION TO JENNIFER BELICE |
| Jennifer Belice |
| 1:2024cv00522 |
| January 20, 2024 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 MOTION by Plaintiff William Kelly to withdraw third party complaint, #1 Notice to Withdraw Subpoena (Aikens, Carla) |
| Filing 4 MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's emergency motion to compel non-party Jennifer Belice to comply with a subpoena to testify at a deposition #1 . For the following reasons, plaintiff's motion #1 is denied. First, despite this Court's 1/23/24 order #3 directing plaintiff to electronically file a certificate of service of the motion and the Court's order on Ms. Belice and defendant, plaintiff has failed to do so. Second, and more importantly, by plaintiff's own admission, Ms. Belice already sat for a "discovery deposition" in this matter on July 1, 2024, and yet plaintiff asks the Court to compel Ms. Belice's testimony for a trial deposition. (Dckt. #1 at 4). But "[t]rial depositions are not explicitly contemplated by the Federal Rules of Civil Procedure, as the Rules do not distinguish between discovery and trial depositions." Maui Jim, Inc. v. SmartBuy Guru Enterprises, No. 16 C 9788, 2019 WL 4140782, at *2 (N.D.Ill. Aug. 30, 2019); see also Integra Lifesciences I, Ltd. v. Merck KGaA, 190 F.R.D. 556, 559 (S.D.Cal. 1999) ("Based upon the lack of distinction in the Federal Rules between trial and discovery depositions, it has been held that there is no difference between the two... if a party wishes to introduce deposition testimony at trial, that testimony should [be] procured during the time set by the court to conduct discovery absent exceptional circumstances."). Where, as here, plaintiff has failed to explain why Ms. Belice's testimony from her first deposition is insufficient to present at trial, no such exceptional circumstances warrant a second, cumulative deposition. See Stuhlmacher v. Home Depot U.S.A., Inc., No. 2:10-CV-00467-APR, 2014 WL 835382, at *5 (N.D. Ind. Mar. 4, 2014) ("Simpson's deposition can be used in its present form, and allowing a second deposition to elicit the same testimony would be cumulative."). Plaintiff's counsel shall forward a copy of this order to defense counsel and Ms. Belice. Civil case terminated. Mailed notice (cc, ) |
| Filing 3 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Jeffrey I. Cummings. The Court has reviewed plaintiff's emergency motion to compel compliance with his subpoena #1 , which seeks to have the subpoenaed third-party Jennifer Belice sit for a deposition (either by Zoom or in person at the federal courthouse located at 219 South Dearborn) at 4:00 p.m. on 1/29/24. The Court orders as follows. Any objection or response to plaintiff's motion shall be filed by 1/25/24 at 5:00 p.m. CT. The Court will review the parties' submissions and will either issue a ruling by mail or set a hearing if appropriate. Plaintiff's counsel shall serve a copy of the motion and this Order to Jennifer Belice by e-mail, if available, and in a manner that will provide Ms. Belice notice of the Order by no later than 12:00 p.m. on 1/24/24 (whether by hand delivery through a courier service or by overnight mail). Plaintiff's counsel shall also promptly provide a copy of the motion and this Order to counsel for defendant Graphic Packaging International, LLC via e-mail. Plaintiff's counsel shall file a certificate of service as to both Ms. Belice and defendant. Mailed notice (cc, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mcp, ) |
| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 5). (mcp, ) |
| Filing 2 PAYMENT regarding #1 of Filing fee $ 52, receipt number AILNDC-21553141. (Aikens, Carla) |
| ***Civil Case Terminated. (rp, ) |
| Filing 1 THIRD party complaint by IN RE: SUBPOENA TO TESTIFY AT A DEPOSITION TO JENNIFER BELICE against IN RE: SUBPOENA TO TESTIFY AT A DEPOSITION TO JENNIFER BELICE EMERGENCY MOTION TO COMPEL TRIAL DEPOSITION. (Attachments: #1 Exhibit A - Subpoena)(Aikens, Carla) |
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