DOJ-OGR-00030277.tif

Case 9:08-cv-80119-KAM Document305 Entered on FLSD Docket 09/17/2009 Page 5of8 requested a date for the deposition of Jane Doe No. 4. The deposition of Jane Doe No. 4 was to begin at 1:00 p.m, based on her schedule, and was moved from the undersigned’s office to the office of the court reporter at her counsel’s request. Pursuant to Rule 30(d){2} and (3)(A) and (C) and its reference to 37(a)(5)), Federal Rules of Civil Procedure, the court may impose an appropriate sanction, including reasonable expenses in attorneys fees incurred by any party on a person who impedes or delays the fair examination of the deponent. In this instance, the brief visual encounter, which was completely unintended and inadvertent, should not have been grounds for Plaintiff's counsel and Plaintiff refusing to move forward with the deposition. Furthermore, pursuant to (3)(A} and (C), Plaintiff and Plaintiffs counsel had no right to unilaterally terminate/cancel the deposition and fail to move forward. Plaintiff should have continued with the deposition and filed any motion deemed appropriate post deposition. Therefore, Defendant is asking for the costs associated with the attendance of the court reporter, her transcript and the presence of the videographer. Defendant would also request reasonable fees for 2.5 hours at $500 per hour for being required to prepare this motion and affidavits associated with same. The records obtained thus far on Jane Doe No. 4, do not reflect any “emotional trauma” by her own account of some 50 plus visits to the Defendant’s home prior to the time that she hired an attomey. Even in her interview with attornmey’s handpicked expert, Dr. Kliman, by her own comments, her significant emotional trauma relates to physical and verbal abuse by a prior boyfriend, Preston Vineyard, and deaths associated with two close friends, Chris and Ten, Therefore, the supposed “emotional trauma” caused by a chance encounter resulting in a “glance” at best, should not be the basis for Plaintiff unilaterally cancelling her deposition. 03956-10989 DOJ-OGR-00030277