UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

CHRISTOPHER ENLOE,

Plaintiff,

v. CASE NO. 4:10-cv-00433-RH-WCS

LLOYD “SKIP” SHIVER, in his official 

capacity as SHERIFF, FRANKLIN 

COUNTY, FLORIDA, and 

STEPHEN MINIAT, individually,

 Defendants.

__________________________________________/

PLAINTIFF’S UNOPPOSED MOTION TO TAKE DEPOSITIONS OUTSIDE

THE DISCOVERY DEADLINE, SET A REASONABLE WITNESS FEE, AND

COMPEL THE ATTENDANCE OF A WITNESS FOR DEPOSITION

Plaintiff, Christopher Enloe (“Plaintiff”) files this Unopposed Motion to Take

Depositions Outside the Discovery Deadline, Set a Reasonable Witness Fee, and Compel the

Attendance of a Witness For Deposition, and would respectfully show the Court the following:

1. The deadline for the completion of discovery in this case was August 1, 2011. 

Plaintiff respectfully requests that he be allowed until August 9, 2011 to take the depositions of

the following witnesses to be used in lieu of their trial testimony:

 A. Dr. Mark Abramson

 B. Dr. Carlos Gama

2. Dr. Abramson was served and scheduled to be deposed within the discovery

deadline. However, Dr. Abramson’s office subsequently advised the office of the undersigned

that Dr. Abramson would require nine hundred dollars ($900.00) per hour as a witness fee, but

that Dr. Abramson was unavailable for the scheduled date regardless of whether said fee would

Case 4:10-cv-00433-RH-WCS Document 40 Filed 08/02/11 Page 1 of 3
be paid. Dr. Abramson’s office further advised that he would not agree to be deposed absent an

agreement to pay said amount per hour. Plaintiff objects to this exorbitant fee, but would gladly

pay $200.00 per hour, the same hourly rate charged by Dr. Carmelo Dominguez, another witness

in this case. Accordingly, Plaintiff respectfully requests that the Court set a reasonable witness 1

fee.

3. Dr. Gama was also served and scheduled to be deposed within the discovery

deadline. However, Dr. Gama’s office subsequently advised the office of the undersigned on two

separate occasions that, due to a confidentiality agreement Dr. Gama has with the Florida

Department of Corrections, he would not agree to be deposed absent a court order compelling

him to do so. Accordingly, Plaintiff respectfully requests that this Court compel the attendance

of Dr. Gama for the purpose of taking his deposition. 

4. This Motion is not filed for the purpose of delay but is filed in good faith based on

the representations made above.

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5. Plaintiff’s counsel has conferred with counsel for both Defendants and they do not

oppose this motion. 

 WHEREFORE, Plaintiff respectfully requests that he be permitted up to and including

August 9, 2011 to depose the aforementioned witnesses, and that the Court set a reasonable

“Unless manifest injustice would result...the court shall require that the party seeking 1

discovery pay the expert a reasonable fee for time spent in responding to discovery....” 

F.R.Civ.P. Rule (b)(4)(E)(i) (emphasis added). 

Scheduling in this case has also presented logistical problems due to the fact that there 2

are three attorneys involved: one representing Plaintiff, and one representing each Defendant. 

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Case 4:10-cv-00433-RH-WCS Document 40 Filed 08/02/11 Page 2 of 3
witness fee, and compel the attendance of a witness for deposition, all for the reasons set forth

more fully above.

 Respectfully submitted,

 /s/ Sassan Achtchi

 Marie A. Mattox [FBN 83981]

 MARIE A. MATTOX, P.A.

 310 East Bradford Road

Tallahassee, FL 32303

 Telephone: (850) 383-4800

 Facsimile: (850) 383-4801

 ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by

CM/ECF to all counsel of record this 2nd day of August, 2011.

 

 /s/ Sassan Achtchi 

 Sassan Achtchi

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Case 4:10-cv-00433-RH-WCS Document 40 Filed 08/02/11 Page 3 of 3