Webb v. Green Tree Servicing LLC

283 F.R.D. 276, 2012 U.S. Dist. LEXIS 98188, 2012 WL 2899382
CourtDistrict Court, D. Maryland
DecidedJuly 16, 2012
DocketCivil Case No. ELH-11-2105
StatusPublished
Cited by29 cases

This text of 283 F.R.D. 276 (Webb v. Green Tree Servicing LLC) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Webb v. Green Tree Servicing LLC, 283 F.R.D. 276, 2012 U.S. Dist. LEXIS 98188, 2012 WL 2899382 (D. Md. 2012).

Opinion

MEMORANDUM AND ORDER

PAUL W. GRIMM, United States Magistrate Judge.

This Memorandum and Order1 addresses Plaintiff2 Sandy N. Webb’s Motion for Protective Order, ECF No. 51; Third Party Defendant Five Brothers Mortgage Company Services and Securing, Inc.’s Response in Opposition to Plaintiffs Motion to Compel, ECF No. 57; and Defendant Green Tree Servicing LLC’s Opposition to Plaintiffs Motion, ECF No. 59. Plaintiff has not submitted a reply and the time for doing so has passed. See D. Md. Loc. R. 105.2.a. For the reasons stated herein, Plaintiffs motion is DENIED. Accordingly, this Memorandum and Order disposes of ECF Nos. 51, 57, and 59.

In the present motion, Plaintiff requests that the Court issue a protective order permitting her deposition to occur by telephone, so that she may avoid traveling from her home in Oregon to attend an in-person deposition in Maryland. See Pl.’s Mot. 1, 3. Plaintiff states that she “has already spent the money and taken the time to travel to Maryland on two occasions”—once for a deposition [278]*278of one of Plaintiffs witnesses and once for a settlement conference. See id. at 1-2. Defendants did not, Plaintiff maintains, “avail themselves of those opportunities” to conduct her deposition, and “has put forth no compelling reason to need a face-to-face confrontation for the deposition.” Id. at 1. Moreover, Plaintiff argues that, as a solo practitioner, she “cannot afford ... financially or logistically to be required to spend large sums of time and money” to return to Maryland for her deposition. In Plaintiffs view, Defendants have displayed an “inability or unwillingness to get depositions completed in a manner that does not seriously increase the need for travel and the cost of discovery,” with the intent “to maximize cost to Plaintiff as a deterrent to [her ability] to bring suit.” Id. at 2. Accordingly, Plaintiff asks the Court to issue a protective order allowing for her deposition to occur by telephone from Oregon. See id. at 3. Plaintiff notes, additionally, that she “will not object if Defendant selects to conduct the deposition by ... live video feed ..., as long as such method of recording is completed at them expense.” Id.

Defendant Green Tree Servicing LLC opposes Plaintiffs motion on several grounds. First, Defendant argues that Plaintiffs request “ignore[s] the firmly established rule that, absent a showing of good cause, Plaintiff is required to appear for a deposition in her chosen forum.” Def.’s Opp’n 1. Plaintiff has chosen Maryland as the forum for this litigation, Defendant states, and absent good cause, she must be required to attend her deposition in Maryland. See id. at 2-3. Second, Defendant maintains that Plaintiffs claims of burden are little more than “ ‘naked assertions.’ ” Id. at 3-4 (quoting de Dalmady v. Price Waterhouse & Co., 62 F.R.D. 157, 159 (D.P.R.1973)). Except for “her own conclusory statements,” Defendant argues, “Plaintiff has failed to provide any facts or figures substantiating her claim that a deposition in Maryland would be unduly burdensome.” Id. at 4. Moreover, in Defendant’s view, the minor cost of traveling from Oregon to Baltimore, when compared to the amount Plaintiff seeks in this litigation, does not present the type of undue burden necessary for issuance of a protective order. See id. at 4-5. Thus, Defendant argues, Plaintiff has not established good cause. See id. at 2. Third, even if Plaintiff had established good cause, Defendant asserts that it would be prejudiced if Plaintiff’s deposition were conducted by telephone. Id. at 5. According to Defendant, deposition by telephone is both impractical, given the large number of documents Defendant intends to discuss with Plaintiff during the deposition, and less effective, as Defendant would be unable “to observe the demeanor and facial expresses of Plaintiff in person.” See id. at 5-6.

Third Party Defendant Five Brothers Mortgage Company Services and Securing Inc. (“Five Brothers”) largely concurs with the points made in Defendant’s opposition. See Five Bros. Resp. ¶¶5-11. In addition, Five Brothers states that it “need[s] to videotape Plaintiffs deposition for trial,” which will require Plaintiff to “be present live and in person.” Id. ¶ 12. Thus, according to Five Brothers, issuance of a protective order permitting Plaintiffs deposition to occur “without her being physically present” would be prejudicial. Id.

Federal Rule of Civil Procedure 26(c) governs the issuance of protective orders. Under that rule, the Court “may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including ... specifying terms, including time and place, for the disclosure or discovery.”3 Fed.R.Civ.P. 26(c)(1)(B). The party moving for a protective order bears the burden of establishing good cause. Minter v. Wells Fargo Bank, N.A., 258 F.R.D. 118, 124 [279]*279(D.Md.2009); Ayers v. Continental Cas. Co., 240 F.R.D. 216, 221 (N.D.W.Va.2007). In so doing, the moving party “may not rely upon ‘stereotyped and conclusory statements.’ ” Baron Fin. Corp. v. Natanzon, 240 F.R.D. 200, 202 (D.Md.2006) (quoting 8A Charles Alan Wright et al., Fed. Prac. & Proc. Civ. § 2035 (2d ed.1994)). Instead, the movant “must present a ‘particular and specific demonstration of fact’ as to why a protective order should issue.” Id. (quoting Wright et al., supra, § 2035). “ ‘Broad allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not support a good cause showing.’” Id. (quoting Merit Indus., Inc. v. Feuer, 201 F.R.D. 382, 384-85 (E.D.Pa.2001)). Thus, “the standard for issuance of a protective order is high.” Minter, 258 F.R.D. at 125; see Natanzon, 240 F.R.D. at 202 (noting that Rule 26(c)’s good cause requirement “creates a rather high hurdle” for the moving party). As I explain below, on the record before me, I do not find that Plaintiff has satisfied her burden of establishing good cause.

Plaintiff states only that she has expended unquantified “large sums” of time and money traveling to Maryland for purposes of this litigation, and argues, without additional detail, that she should not “be required to spend large sums of time and money” to return for the deposition. See Pl.’s Mot. 1-2. Beyond these “ ‘stereotyped and conclusory statements,’ ” see Natanzon, 240 F.R.D. at 202 (quoting Wright et al., supra, § 2035), Plaintiff makes no particularized or specific demonstrations of fact that support her contention that an in-person deposition would be unduly burdensome. Moreover, Plaintiff, by initiating this lawsuit, selected this forum. Generally, plaintiffs “must make themselves ‘available for examination in the district in which suit was brought.’”4 EEOC v. Denny’s Inc., No. WDQ-06-2527, 2009 WL 3246940, at *1 (D.Md. Oct. 2, 2009) (quoting 8A Charles Alan Wright & Arthur R. Miller, Fed. Prac. & Proc. § 2112 (2d ed.2009)). This rule “is based on the rationale that the plaintiff has selected the forum and should not be heard to complain about having to appear there for a deposition.” Shockey v.

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283 F.R.D. 276, 2012 U.S. Dist. LEXIS 98188, 2012 WL 2899382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-green-tree-servicing-llc-mdd-2012.