The Motion (ROA # 143) of Defendant Kellen Amo ("Defendant") 1. For an order compelling Plaintiff Samuel C. Craig Jr. ("Plaintiff" or "Craig") to attend his deposition and produce the documents specified in the deposition notice served upon him; 2. For an order excluding any testimony from Craig at the time of trial due to his failure and refusal to appear at the duly noticed deposition and produce documents; and 3. For an order requiring Craig to pay monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Plaintiff is directed to submit to a deposition within twenty (20) days of the hearing of this Motion, and produce the requested documents at or before the deposition is commenced. Defendant's request that Plaintiff not be allowed to testify at trial is DENIED WITHOUT PREJUDICE; however, if Plaintiff fails to comply with the Court's order directing him to appear at a deposition within twenty (20) days, Defendant may renew the Motion to exclude Plaintiff from testifying at trial.