Jennifer Coy v. Amazon Logistics, Inc. and John Doe

Summary

The court grants in part and denies in part Amazon Logistics, Inc.’s motion to compel Jennifer Coy to appear for deposition. The court requires Coy to make herself available for deposition on a mutually agreeable date within 21 days, but declines to award attorney’s fees and expenses because both parties failed to fully comply with discovery obligations.

Holdings

1. The motion to compel was granted in part: Plaintiff was required to make herself available for deposition on a mutually agreeable date within twenty-one days of the order, but no other discovery could occur after the discovery deadline without leave of court.
2. The court denied Amazon's request for attorney's fees and costs because an award would be unjust in light of both parties' failure to fully comply with their discovery obligations.
3. The court found it unclear whether the deposition notice was properly served because Amazon served it by email without establishing Plaintiff's written consent to electronic service under Rule 5(a)(1)(E).

Questions Presented

1. Whether Amazon was entitled to an order compelling Plaintiff to appear for a deposition when Amazon unilaterally noticed a deposition date before the discovery deadline and Plaintiff did not provide available dates or seek a protective order.
2. Whether Amazon was entitled to attorney's fees and costs incurred in bringing the motion to compel.
3. Whether the deposition notice was properly served when it was sent by email and the record did not establish Plaintiff's written consent to electronic service under Federal Rule of Civil Procedure 5(a)(1)(E).

Disposition

other