Ozormoor v. Metropolitan Life Insurance Company

Summary

The United States District Court for the Eastern District of Michigan overruled Joseph Ozormoor’s objections to a magistrate judge’s order denying his motion for a protective order. The court held that Ozormoor had not shown good cause to limit the deposition’s location, start time, duration, scope, or attendance, and found no clear error or legal defect in the magistrate judge’s ruling.

Holdings

1. The district court held that the magistrate judge did not clearly err or act contrary to law by refusing to prohibit the deposition from occurring at defense counsel's Troy office. Ozormoor had not shown good cause for a location restriction because he could use alternative transportation or a route avoiding freeways.
2. The district court held that the magistrate judge did not clearly err or act contrary to law by declining to limit the deposition to a start time of 11:00 a.m. or later or to two hours.
3. The district court held that there was no basis to limit the deposition to questions about the GUL policy or to restrict attendance to the parties and their attorneys of record.
4. A district court reviews timely objections under Rule 72(a) and may modify or set aside the magistrate judge's order only if it is clearly erroneous or contrary to law.

Questions Presented

1. Whether the magistrate judge clearly erred or acted contrary to law in refusing to require that the deposition occur in Detroit rather than at defense counsel's Troy office.
2. Whether the magistrate judge clearly erred or acted contrary to law in refusing to limit the deposition to a start time of 11:00 a.m. or later and to two hours.
3. Whether the magistrate judge erred in declining to limit the subject matter of the deposition or the persons permitted to attend.

Disposition

other