A federal magistrate judge has rejected a plaintiff’s argument that his frequent business trips to Russia put him at risk of suffering “bodily harm” and as a result he should be able to preserve testimony, by self-deposition, for a suit in which he is plaintiff and in a parallel securities action.
In granting a protective order precluding Michael P. Tierney from taking his own deposition on Sept. 25, Southern District of New York Magistrate Judge Theodore H. Katz said that Tierney’s “purported concern with the possibility of being murdered on a business trip” was not an exceptional circumstance, and, in any case, gave rise to skepticism.
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