WHITE
v.
ESLINGER
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In a 42 U.S.C. § 1983 prisoner civil rights action, the district court granted a pro se plaintiff's motion to waive Local Rule 3.04's fourteen-day notice requirement for depositions, finding good cause based on mail delays and an approaching discovery deadline.
The court granted the motion, waiving Local Rule 3.04 for the specified depositions and excusing the motion's noncompliance with Local Rule 3.01(g), while requiring compliance with the Federal Rules of Civil Procedure and other applicable local rules.
[1] A district court may temporarily modify or suspend the application of its local rules when reasonably necessary to advance efficiency, consistency, convenience, and other…
[2] A district court's interpretation and application of its local rules are reviewed for an abuse of discretion.
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Join FLexlaw to unlock all legal intelligence“the Eleventh Circuit "give[s] great deference to a district court's interpretation of its local rules and review a district court's application of local rules for an abuse of discretion."”
Establishes the standard of review applied to local rule interpretations and applications.
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Join FLexlaw to unlock all legal intelligencePlaintiff, a pro se prisoner, sought to depose David Diggs, Eric Thompson, and Defendant Donald Eslinger in a § 1983 civil rights case. Plaintiff repr…
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In this 42 U.S.C. § 1983 action, Plaintiff, a prisoner proceeding pro se, asks the court to waive Middle District of Florida Local Rule 3.04 for the depositions of David Diggs, Eric Thompson, and Defendant Donald Eslinger. (Dkt. 564.) Because Plaintiff has failed to comply with Middle District of Florida Local Rule 3.01(g), Defendants' position on the motion is unknown. The court presumes that Defendants oppose the motion. For the reasons outlined below, the court grants the motion.
The Eleventh Circuit "give[s] great deference to a district court's interpretation of its local rules and review a district court's application of local rules for an abuse of discretion." Reese v. Herbert, 527 F. 3d 1253, 1267 n.22 (11th Cir. 2008) (quotation omitted). Local Rule 3.04 provides that a "deposition by oral examination or written questions and a subpoena duces tecum require fourteen days' written notice to the deponent or responding person.” M.D. Fla. Loc. R. 3.04. However, the Local Rules
authorize the court to “temporarily modify or suspend the application of” Local Rule 3.04 if "reasonably necessary” to “advance efficiency, consistency, convenience, and other interests of justice." M.D. Fla. Loc. R. 1.01(a)-(b). Plaintiff represents that he has experienced mail delays, (Dkt. 564 at 2, 5-6), and the court credits this representation. The court also notes that the discovery deadline is December 14, 2024, (Dkt. 561 at 1), and Plaintiff is actively seeking discovery in this case, (Dkt. 564 at 2– 3). The court thus "temporarily . . . suspend[s] the application of” Local Rule 3.04 for the specified depositions. See M.D. Fla. Loc. R. 1.01(b). The court also excuses the instant motion's noncompliance with Local Rule 3.01(g).
Accordingly:
1. Plaintiff's motion (Dkt. 564) is GRANTED.
2. Plaintiff need not comply with Middle District of Florida Local Rule 3.04 for the depositions of David Diggs, Eric Thompson, and Defendant Donald Eslinger.
3. However, to the extent that the Federal Rules of Civil Procedure and other Middle District of Florida Local Rules apply to these depositions, Plaintiff shall comply with the rules.
ORDERED in Orlando, Florida, on November 27, 2024.
JULIE S. SNEED
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Unrepresented Parties Counsel of Record