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Ely
Ely, Counselor at Law
Category: Personal Injury Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, My federal case has been stalled for months, due

Resolved Question:

Hello,

My federal case has been stalled for months, due to some odd things that have happened, some of it the defendants fault. ANyway, assuming the things have been of serious enough degree as I am stating, how would i go about setting aside the previously agreed scheduling order? We are going to need a new conference anyway, since im adding some defendants in my amended complaint, but more because the plaintiff in the connected case, has to get a new attorney, as her old one bailed out due to suspicious reasons that even the judge seems to realize by now (shes lost 4 attorneys in one year..one by the defendants filing a fraudulent motion to disqualify the lawyer, saying he once got paid a dollar to represent one of the defendants!!!) ANyway, whats it called, a motion to reset the scheduling order? to redo it? thank you.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. What you are seeking is a modification of a scheduling order under Fed. R. Civ. P. 16(b)(4): "A schedule may be modified only for good cause and with the judge's consent." Of course, this leaves the Judge with a lot of subjectivity as to decide whether or not to modify it - it is at the Judge's discretion.

The name of such a motion is called a Motion to Modify Scheduling Order and is not uncommon.

Good luck!

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Customer: replied 1 year ago.

ok, so im motioning to quash a notice of deposition. They are trying to have me fly there for 2 days of 7 hours. Ive said I can do it here, or teleconferencing, but its prohibitive and burdensome for me to fly there, especially since so many pending motions and necessary waiting for an amend complaint. And Im motioning for protective order...can i also add that to that motion, or file it separately? If i can do it in one motion, ill call it motion to quash and protective order or in the alternative to modify scheduling order. That sound ok to you? thank you

Expert:  Ely replied 1 year ago.
Thank you for your reply.

hey are trying to have me fly there for 2 days of 7 hours. Ive said I can do it here, or teleconferencing, but its prohibitive and burdensome for me to fly there, especially since so many pending motions and necessary waiting for an amend complaint. And Im motioning for protective order...can i also add that to that motion, or file it separately?

It would make more sense to file is separately as a Motion to Quash. However, no one says that you cannot set both motions for the same date/time and have them heard back to back!

In addition, it would make sense to add in your motion to quash that you are asking (in the alternative) to have the Judge allow you to appear for deposition via video-conference. It may be denied, but it is always worth a try - one loses nothing by asking.

And Im motioning for protective order...can i also add that to that motion, or file it separately?

Separately, but again, one can set it for the same date/time as the other two.

If i can do it in one motion, ill call it motion to quash and protective order or in the alternative to modify scheduling order. That sound ok to you? thank you

To keep it all simple, it would be best to file three, and then simply have them all heard at the same time:

Motion to Modify Scheduling Order
Motion to Quash
Motion for Protective Order


Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Satisfied Customers: 86672
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Personal Injury Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.
Customer: replied 1 year ago.

one more thing, i am objecting to having to fly there due to undue burden, cost of such a thing. Is there a case i can point to that allows me to say that a videoconference is more suitable, given my pro se status, and expensive 1,000 trip? Or do the courts generally expect me to have to fly there for a deposition?

Expert:  Ely replied 1 year ago.
Hello friend,

Well, let me look. What distinct is this in?
Customer: replied 1 year ago.

southern district of ohio

Expert:  Ely replied 1 year ago.

That's the 6th. I am sorry, but after searching both the 6th and all of federal, I cannot find a case that specifically backs a position that a videoconference is a "right" or is even an option. This does not mean it does not happen (but not often, remember), but not all decisions make it into recorded stare decisis (case law). In short, nothing that specifically helps.

Ely, Counselor at Law
Satisfied Customers: 86672
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.

ok, so no rule, and no case law that helps? i assme this is all on the courts shoulders then..thank you very much

Expert:  Ely replied 1 year ago.
Yep - at the Judge's discretion 100%. I am going to be honest, it normally is not allowed. But again, always possible to ask, right?
Ely, Counselor at Law
Satisfied Customers: 86672
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Personal Injury Law Specialists are ready to help you

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