A few days before Martinez’s deposition, his counsel alerted the defense that he would need to leave mid-afternoon to make a wedding in Houston. Slip op. at 1. The parties agreed to start the deposition early, but when Martinez’s counsel exited after roughly six hours, the deposition had not been concluded. Id. Martinez opposed the continuation of his deposition, arguing that TWC had agreed to conclude the deposition in a day, “started the deposition four minutes late, [and] wasted time asking irrelevant background questions.” Id. at 2. Magistrate Judge Austin found that Martinez’s position on this issue borders on the frivolous.” Id. The deposition had not been terminated for any of the reasons permitted by Rule 30(d)(3)(A) (bad faith, annoyance, oppression, or harassment). Thus, terminating the deposition “before it was completed, and before the seven hours permitted by the rules had elapsed, plainly violated the Federal Rules of Civil Procedure.” Id.
