BIAS v. LUNDY

PATRICIA MINALDI, District Judge

Before the court is a Motion in Opposition to Deposition of Dr. Sharon Finister, filed by the defendants on October 31, 2007. The deposition is scheduled for November 2, 2007, at 2 p.m., and the defendants received written notice of the deposition on October 31, 2007. Trial is scheduled for November 5, 2007 at 10 a.m. A party is required to give "reasonable notice" of depositions in writing to the opposing parties. F. R. Civ. PRO. 32(a)(3) 30(b)(1). Under F. R. Civ. PRO. 32(a)(3), a deposition shall not be used against a party who received less than eleven (11) days notice of a deposition and promptly filed a motion for a protective order under Rule 26(c)(2) requesting that the deposition not be held; accordingly,

IT IS ORDERED that the Motion in Opposition to Deposition of Dr. Sharon Finister is hereby GRANTED.