Sik Gaek, Inc. v. Harris

Dist. Ct. did not err in denying plaintiff’s request for issuance of $6,800 in sanctions against defendant due to defendant’s failure to attend court-ordered deposition. Record showed that defendant’s failure to attend deposition was inadvertent and irreproachable incident, where: (1) defendant was not present at court hearing when he was ordered to attend deposition; (2) defendant first became aware of court order approximately one hour after scheduled start of deposition and made offer to attend deposition at later time in same day; and (3) defendant made four unsuccessful attempts to reschedule deposition.