United States District Court, Northern District of Illinois
August 20, 2003
RICHARD SHARIF, PLAINTIFF, VS. INTERNATIONAL DEVELOPMENT GROUP, CO., LTD., ET AL., DEFENDANTS
The opinion of the court was delivered by: George Lindberg, Senior District Judge
MEMORANDUM OPINION AND ORDER
Defendants have moved for a protective order staying all discovery until after the court decides defendants' motions for judgment on the pleadings and summary judgment, and requiring that all depositions of defendants take place in Saudi Arabia.
This judge stays discovery for pending dispositive motions only in the rarest of cases, Defendants have not presented a set of facts on which a stay of discovery is warranted, so the request to stay discovery is denied.
Defendants' request that this court issue a protective order for all depositions of defendants to take place in Saudi Arabia is also denied.
"As a general matter, there is a presumption that a defendant . . . shall be deposed in the district where the deponent resides," Devlin v. Transportation Communication International Union, et al., 2000 US. Dist. LEXIS 264 at 8 (S.D.N.Y.). However, this presumption can be overcome where "unusual circumstances or principles of justice require the court to deviate from the general rule," Sears v. American Entertainment Group, Inc., 1995 U.S. Dist. LEXIS 1754 at 4, The general rule can be overcome where factors of cost, convenience, and litigation efficiency [ Page 2]
militate in favor of holding the depositions at another location, See Devlin, 2000 U.S. Dist. LEXIS 264 at 9.
Defendants ask that the general rule be applied and that their depositions take place in Saudi Arabia. Plaintiff seeks to hold the depositions in the United States, specifically Chicago, Under the unusual circumstances of this case, the court believes that the depositions of defendants should be held in a third country, other than Saudi Arabia or the United States, agreed upon by the parties. In light of the October 1, 2003 close of discovery, the depositions should take place as soon as possible, The expeditiousness with which counsel and the deponents can get into a country should be considered in selecting the location of the depositions.
ORDERED; Defendants' motion for a protective order is denied. The court, sua sponte, orders that the depositions of defendants take place in a country other than Saudi Arabia or the United States agreed upon by plaintiff and defendants. [ Page 1]
© 1992-2003 VersusLaw Inc.