Janet Lamar v. Wal-Mart Stores East LP and John Does 1-5

Summary

The court denied Plaintiff Janet Lamar’s motion to compel in a premises-liability action against Wal-Mart Stores East LP. The court refused to authorize a second deposition of one witness, compel the deposition of another witness, or extend the deadline for responding to the defendant’s summary judgment motion. The court concluded that the defendant timely disclosed the witness information and that the requested additional discovery was disproportionate or unnecessary.

Holdings

1. Leave to take a second deposition is discretionary and may be denied when the proposed deposition is disproportionate to the needs of the case or unduly burdensome under Rules 26(b)(1) and 26(b)(2)(C). Lamar's request to re-depose Wimberly was denied.
2. Walmart timely supplemented its disclosures and interrogatory responses by identifying Johnson as a potential witness and providing her last known address and telephone number during the discovery period. Lamar was not entitled to depose Johnson after the discovery deadline because she received timely notice but chose not to depose Johnson.
3. The request for an extension of time to respond to Walmart's summary-judgment motion was denied as moot after the court denied the requested depositions.

Questions Presented

1. Whether Lamar should receive leave under Federal Rule of Civil Procedure 30(a)(2)(A)(ii) to re-depose Wimberly concerning changes to Wimberly's prior deposition testimony.
2. Whether Walmart timely supplemented its disclosures and interrogatory responses concerning Johnson, and whether Lamar should be permitted to depose Johnson after the discovery deadline.
3. Whether Lamar was entitled to an extension of time to respond to Walmart's motion for summary judgment.

Disposition

other