Moore v. Yellow Freight System, Inc.

MEMORANDUM AND ORDER

THEIS, District Judge.

This matter is before the court on the motions of plaintiff for discovery expenses and for an order to compel discovery.

*197Plaintiff’s first motion relates to the failure of a witness to appear at a deposition to be taken in Austin, Texas. Plaintiff incurred certain expenses in travelling to Austin, but the witness failed to appear. Plaintiff submits that expenses are warranted under Fed.R.Civ.P. 30(g)(2) because defendants did not subpoena nor attempt to subpoena this witness. Rule 30(g)(2) provides:

If the party giving the notice of the taking of a…