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Proffitt v. State Farm Fire and Casualty Co.

August 6, 2008

DAVID PROFFITT AND WIFE, TAMMY PROFFITT, PLAINTIFFS,
v.
STATE FARM FIRE AND CASUALTY COMPANY, DEFENDANT.



The opinion of the court was delivered by: Thomas A. Varlan United States District Judge

(VARLAN/SHIRLEY)

MEMORANDUM AND ORDER

This civil action is before the Court on Defendant's Motion for Leave to Take Deposition [Doc. 32], in which defendant requests and order allowing defendant to take the deposition "for evidence" of Dennis C. Akin, Forensic Scientist. In support of the motion, defendant states that Mr. Akin's testimony is needed to place in evidence the laboratory report on the debris and milk jug-type containers containing gasoline that were found in plaintiffs' home. Plaintiffs have responded stating that they agree to stipulate to the expert report and, if defendant still wishes to take the deposition, plaintiffs request that plaintiffs' counsel be permitted to participate by telephone.

For good cause shown, Defendant's Motion for Leave to Take Deposition [Doc. 32] is hereby GRANTED. To the extent that defendant still wishes to take Mr. Akin's deposition, the parties are DIRECTED to attempt to work out an arrangement in which plaintiffs' counsel may participate in the deposition by telephone.

IT IS SO ORDERED.

20080806

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