Minute Oxder Form (06/97)

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United States District Court, Northern District of Illinois

Name of Assigned Judge Sitting Judge if Other
or Magistrate Judge James B. Moran than Assigned Judge
CASE NUMBER 02 C 1802 DATE 6/19/2003
CASE New Process Steel, LP vs. PH Group, Inc. et al.
TITLE
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.)
Memorandum Opinion and Order

DOCKET ENTRY:
(dd) Qa Filed motion of [ use listing in “Motion” box above.]

(2) o Brief in support of motion due
(3) Oo Answer brief to motion due. . Reply to answer brief due
(4) Oo Ruling/Hearing on set for at
(5) oO Status hearing[held/continued to] {set for/re-set for] on set for at
(6) oO Pretrial conference[held/continued to] [set for/re-set for] on set for at :
(7) Oo Trial[set for/re-set for] on at
(8) im} [Bench/Jury trial] [Hearing] held/continued to at
(9) Oo This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OOFRCP4(m) OLocalRule 41.1 OFRCP41(a)(1) OFRCP41(a)(2).
ao) =o [Other docket entry] Plaintiff's motion to compel and motion for imposition of sanctions under
Rule 37(d) is denied. Status hearing set for July 23, 2003 at 9:15am. to stand.
al ff [For further detail see order attached to the original minute order.]
No notices required, advised in open coutt,
No notices required. number of notices
Notices mailed by judge’s staff. SN 23 2003
Notified counsel by telephone.
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
NEW PROCESS STEEL, L.P., )
) 0px, Rake
Plaintiff, ) JUN 9 mE R
) 2 2003
vs. ) No. 02 C 1802
)
PH GROUP, INC. and ST. LAWRENCE y
HYDRAULICS, INC.,, f/k/a ST. LAWRENCE)
PRESS COMPANY, INC., )
)
Defendants. )

MEMORANDUM OPINION AND ORDER

Plaintiff made arrangements with the PH Group, Inc. attorneys (PH) to take the
depositions of five PH employees in Columbus, Ohio, and a former employee in Detroit
Michigan. Shortly before the scheduled depositions PH indicated it would not make its
employees available and would not attend the deposition in Detroit. Plaintiff had subpoenaed
the Detroit deponent, but, as it turned out, weather conditions prevented that one from going
ahead in any event. Plaintiff's attorneys did not actually go to Ohio, given the information that
the witnesses would not be available, but appeared by telephone. It now seeks a default
judgment or a monetary sanction. That motion is denied.

PH’s conduct, which it now apparently has thought better of, was unfortunate. If
plaintiff's counsel had gone to Detroit he could have taken the deposition whether or not PH
showed up. Notice to PH was sufficient to invoke an obligation on PH’s part to produce the
witnesses if they were managing agents of PH, but regular employees must be subpoenaed to

ensure their appearance, Wright, Miller & Marcus, Federal Practice and Procedure: Civil 2d

(p2-



No. 02 C 1802 Page 2

2103. We are given no reason to believe the employees were managing agents. While PH
should have followed through, the witnesses were not obligated to appear absent a subpoena.
Apparently, discovery is now back on track, And it should be. We trust that the

parties will cooperate in scheduling discovery, as that reduces the expense for all concerned.

JAMES B. MORAN

ASE Judge, U. S. District Court
Ne a !4_, 2003.