Case 2:13-cv-01364-MPK Document 148 Filed 09/29/15 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LEON D. FORD,
Plaintiff,
vs.
CITY OF PITTSBURGH; POLICE
OFFICER DAVID DERBISH; POLICE
OFFICER MICHAEL KOSKO and
POLICE OFFICER ANDREW MILLER,
Defendants.
POLICE OFFICER DAVID DERBISH;
POLICE OFFICER MICHAEL KOSKO
and POLICE OFFICER ANDREW
MILLER,
Cross-Claim Plaintiffs,
vs.

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Civil Action No. 13-1364

Chief Magistrate Judge Maureen P. Kelly

Re: ECF No. 141

CITY OF PITTSBURGH,
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Cross-Claim Defendant. )

ORDER GRANTING PLAINTIFF'S MOTION FOR SANCTIONS

AND NOW, this 29th day of September, 2015, upon consideration ofthe Plaintiffs
Motion for the Imposition of Sanctions against the City of Pittsburgh, ECF No. 141, in regards to
the deposition of Chief Cameron S. McLay of the City of Pittsburgh Bureau of Police; and the
response in opposition filed by the Defendants, ECF No. 145, IT IS HEREBY ORDERED that
the Motion for Sanctions is GRANTED.
At the outset, the Court notes that the only day that counsel for the City of Pittsburgh
stated that Chief McLay was available all day was September 24, 2015. ECF No. 141-1. As
such, even though it was the day after Yom Kippur, Plaintiff scheduled the deposition for that
date.

Case 2:13-cv-01364-MPK Document 148 Filed 09/29/15 Page 2 of 2

Second, during the Telephone Discovery Conference on September 15,2015, this Court
was very clear with all counsel that the pattern of last minute cancellations of depositions by the
City of Pittsburgh would not be tolerated. ECF No. 133.
Third, the testimony of Chief McLay that he understood that he only needed to make
himself available for a three hour window for a deposition is disconcerting at best, given that
notice of deposition only listed a start time of 10:00 a.m. Further, it is not up to defense counsel
to decide the amount of time that will be permitted for a critical deposition noticed by Plaintiff.
For the reasons set forth herein, this Court orders the following:
1) Defendants are directed to produce Chief McLay for a full day of deposition by
October 13,2015.
2) The City of Pittsburgh is ordered to pay all court reporter and videographer costs for
the portion of the deposition of Chief McLay on September 24, 2015.
3) The City of Pittsburgh is ordered to issue a check to Rabner Law Offices, P.C. in the
amount of$100.00 for the cost of the conference room rental on September 24,2015.
4) Further obstructive conduct or early termination of depositions by Defendants may be
subject to more serious Court sanctions.

BY THE COURT:

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