When parties cannot agree on the scheduling of a deposition, it is my practice to select a date arbitrarily, without regard to the convenience of the parties. Therefore, unless the parties can agree otherwise, the parties are directed to schedule Carter's deposition for the time period between July 1 and July 5, 2011. Further, if the parties cannot agree on a date during this five-day window, the parties are directed to conduct Carter's deposition on Tuesday, July 5, 2011, at 9 a.m. However, as I indicated, the parties are permitted, and encouraged, to select another date if they can agree on a mutually convenient day.
That's one way to spend the July 4th weekend.
The Court then rejected defendant's argument that it needed to conduct the deposition in advance of the pre-trial conference so that it could bring discovery issues to the Court's attention at the pre-trial conference:
[T]here will be no discovery issues arising from Carter's deposition addressed at the pre-trial conference, as the discovery-related motions deadline passed long ago.
Advanced Cartridge Technologies, LLC v. Lexmark Internatinoal, Inc., slip op., Case No. 8:10-cv-0486 (M.D. Fla. June 22, 2011) (Mag. Wilson)