IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
 
DIVISION OF ST. THOMAS AND ST. JOHN 
  
EARL ROBERT VELGER, 
     
 
 
 
 
Plaintiff, 
 
 
 
CASE NO. 2010-42 
 
v. 
 
DARWIN CARR individually and as 
Trustee of LIVE BY FAITH 
IRREVOCABLE TRUST, 
 
 
 
 
 
 
 
 
Defendants. 
 
 
 
 
MEMORANDUM AND ORDER 
 
Before the Court is the motion of plaintiff Velger and counterclaim defendant 
Murdjeff (ECF 142) for sanctions pursuant to Federal Rule of Civil Procedure 30(g), 
because Attorney Darwin Carr, having noticed Velger’s deposition for August 19, 2011 on 
St. Thomas, did not appear personally to take the deposition, but rather deposed Mr. 
Velger by telephone.  Rule 30 (g) (emphasis added) provides for the recovery of 
expenses where a party attends his duly noticed deposition and the noticing party fails to 
“attend and proceed with the deposition.”  Inasmuch as Attorney Carr did attend by 
telephone and did proceed with the deposition at the time and place noticed 1, the 
requirements for an award of sanctions have not been met.2   
 
 
                     
1 Rule 30(b)(4) provides that the deposition “takes place where the deponent answers questions.”  According to 
Velger, the deposition was noticed to take place at the offices of Attorney Francis Jackson at 10:00 a.m. on August 
19, 2011.  Mr. Velger was present at that location at that time and date, and his deposition was taken.  
  
2  Velger’s musings regarding Carr’s intention not to appear personally, and the length of time the deposition 
might have taken had he done so, are speculative at best, and do not support an award of sanctions. 
Case: 3:10-cv-00042-CVG-RM   Document #: 157   Filed: 10/03/11   Page 1 of 2
Earl Robert Velger v. Darwin Carr, et al. 
Civil No. 2010-42 
Page 2 of 2 
 
 
 
 
 Accordingly, the premises considered, the motion for sanctions is DENIED. 
 
 
 
 
 
 
S\________________________________ 
 
 
 
 
 
 
  RUTH MILLER 
 
 
 
 
 
 
  United States Magistrate Judge 
 
 
Case: 3:10-cv-00042-CVG-RM   Document #: 157   Filed: 10/03/11   Page 2 of 2