STATE OF NORTH CAROLINA | sufbitior courr piviston BUNCOMBE COUNTY FILE NO. 23-CV-1232 Donna L. Smith, UB wit-8 PE 19 Plaintift, | 60., 6.8.0 vs. Aa HCA Healtheare, Inc,, and MH oie Mission Hospital, LLLP, collectively d/b/a CarePartners PACE; and Suzanne J. Lowery, Defendants, ‘This matter is before the Court on Defendants’ motion for protective order under Rule 26(¢). The Court, having heard argument and considered the submissions of the parties, finds and ORDERS as follows: 1. Ms. Smith is in poor health, and her condition is deteriorating. She does not expect to be alive when this matter is called for trial. 2. Counsel for Plaintiff has noticed two depositions for Plaintiff ~ one on 9 June 2023 and one on 15 June 2023. 3. Both depositions shall go forward as noticed. The 9 June 2028 shall be a discovery deposition and the 15 June 2028 deposition shall be the for trial deposition of the Plaintiff. The description of the 9 June 2023 deposition as a discovery deposition is subject to the provisions of paragraph 8 of this Order. 4. The 9 June 2028 discovery deposition shall be limited to three (3) hours of actual deposition time. The Plaintiff shall be permitted to take as many breaks as necessary. The Plaintiff shall be permitted to use 90 minutes of the three hours of actual deposition time and the Defendants shall be permitted to use 90 minutes of the three hours of actual deposition time, 5. The 9 June 2023 deposition may be videotaped by either party. 6, ‘The Plaintiff may begin the 9 June 2023 discovery deposition or the Plaintiff may defer and have the Defendant begin the 9 June 2023 discovery deposition. In either event the time limitations contained in paragraph four (4) above shall apply.20f2 7. The 9 June 2023 discovery deposition shall be transcribed by a real-time court reporter and the Defendant shall pay the expense of the real-time court reporter and the Plaintiff shall have access to the real-time transcript. 8, Plaintiff cannot use the 9 June 2023 discovery deposition at the trial of this action, except that if the Plaintiff dies or becomes incapacitated before 15 June 2023, then Plaintiff may use the 9 June 2023 discovery deposition as permitted by the Rules of Civil Procedure and the Rules of Evidence. 9. The parties may request relief from, or modification of, this order if exceptional circumstances make the provisions of this order unduly prejudicial to either party. his the Bay of June, 2023, eS Pinot dye Presiting