Faruki v. Eagle Seven, No. 06 C 7125, Min. Order (N.D. Ill. Aug. 10, 2007) (Mason, J.).

Magistrate Judge Mason denied plaintiffs’ motion for a protective order to prevent a third party deposition.  Plaintiffs argued that the third party’s only knowledge relevant to the case was outside the relevant time frame.  But the Court did not reach the merits of the motion because plaintiffs filed their motion two business days prior to the deposition.  The motion was filed so close to the date of the deposition that the motion was noticed for the day after the deposition was set to be taken.  Plaintiffs were aware of the subpoena and the deposition date for at least two weeks prior to filing their motion and the parties appeared before the Court during that time, but plaintiffs failed to raise the issue.  The Court, therefore, denied the motion as untimely.

Practice tip:  Deposition scheduling issues are often negotiated until very near the planned date, but if you think you might bring the issues before the Court make sure to warn the Court if you are appear while you are aware of the issue and, if at all possible, file your motion with sufficient time to notice your motion before the deposition is scheduled.

* The minute order is available here.