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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Tag Archives: Durbin’s Restaurant

Third Party Given a Second Chance to be Deposed

Posted in Discovery

Coach Services, Inc. v. Durbin’s Restaurant & Bar, No. 10 C 7154, Slip Op. (N.D. Ill. Jul. 25, 2012) (Kim, Mag. J.).

Judge Kim continued plaintiff’s motion to compel a third party deposition in order to give the third party an opportunity to comply.  The Court gave the third party two options:

1.         Appear for a hearing to explain her reasons for not appearing for the deposition; or 

2.         Contact plaintiff’s counsel to schedule and then sit for the deposition.

The Court encouraged the third party to schedule and sit for the deposition because even if the third party had a valid reason for missing her deposition and the Court accepted it, the Court would still order that she sit for a deposition at a later date.  So, either choice would end in a deposition.