Tuesday, July 08, 2008

Judge Jerry Buchmeyer

He is the U.S. District Court, Northern District of Texas. I was a year behind his daughter in high school. For non-Texas lawyers and non-lawyers, the Judge has edited a column in the Texas Bar Journal for years. He now has a blog to go along with it.

Taken from his column this month without authority but willing to delete this post immediately upon his objection (I couldn't quite get the format exactly right but it's close):

This last contribution is from Patrick Carew, Kelly Crawford, Rocky Dhir, and Steven R. Dunn, all of Dallas. Judge James R. Nowlin, U.S. District Court, Western District of Texas, Austin Division, wrote this marvelous order. Enjoy!

Before the Court in the above-entitled and styled cause of action is Defendant Wal-Mart Stores Texas, L.L.C.’s Opposed Motion for a Protective Order, file May 29, 2008 (Doc. #26). Apparently, the parties are unable to agree if the deposition of Wal-Mart’s corporate representative should occur in San Antonio, Texas or in Bentonville, Arkansas.

The Court is sympathetic with Defendant’s argument. Surely Defendant’s corporate representative, a resident of Arkansas would feel great humiliation by being forced to enter the home state of the University of Texas, where the legendary Texas Longhorns have wrought havoc on the Arkansas Razorbacks with an impressive 55-21 all-time series record.1

On the other hand, the Court is sympathetic with Plaintiff’s position. Plaintiffs might enter Arkansas with a bit of trepidation as many residents of Arkansas are still seeking retribution for the “Game of the Century” in which James Street and Darrell Royal stunned the Razorbacks by winning the 1969 National Championship. 2

Because the Court is sympathetic to both parties’ positions, it has found a neutral site, intended to avoid both humiliation and trepidation of retribution.

ACCORDINGLY, IT IS ORDERED THAT unless the parties agree otherwise, the deposition of the Defendant’s corporate representative shall occur at 9 AM on June 11, 2008 on the steps of the Texarkana Federal Building, 500 State Line Avenue, TX/AR 71854.

IT IS FURTHER ORDERED THAT each party is to remain on his or her respective side of the state line.

SIGNED this 3rd day of May, 2008.


1 It is worth noting that the Razorbacks, who disgracefully retreated from the Southwest Conference to the gentler pastures of the Southeastern Conference, could have likely learned a lesson about stamina and perseverance in the face of battle by visiting the Alamo in San Antonio.
2The Court takes judicial notice that the “Game of the Century” for the current century occurred on January 4, 2006, when Vince Young and Mack Brown led the Longhorns in a 41-38 win over the USC Trojans, thus securing the 2005 National Championship.

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