JOHNSON v. ARMS

JACK WEINSTEIN, Senior District Judge

Defendant Atlantic Gun Tackle Distributing Co., Inc. ("Atlantic Gun Tackle") moves, pursuant to Rule 72(a) of the Federal Rules of Civil Procedure, for an order reversing the decision of the Magistrate Judge, limiting the time and scope of a deposition due to the serious medical condition of the witness, William Borsellino. His testimony is critical to the case since he was the alleged seller of the gun that is the subject of the dispute. For the reasons stated orally, the ruling of the Magistrate Judge — limiting the deposition of Mr. Borsellino to three hours, to take place in two sessions over the course of two consecutive days, with breaks as necessary — is affirmed. Plaintiffs are to proceed by taking the depositions of Sam Borsellino and any other retail employees, before deposing William Borsellino, to assure that this deposition will not cover unnecessary ground.

SO ORDERED.