DATE: November 20, 1992
CASE NO: 93-ERA-1

L. CRAIG WAGERLE, PH.D.,
   Complainant

    v.

THE HOSPITAL OF THE UNIVERSITY
OF PENNSYLVANIA, THE DEPARTMENT
OF PHYSIOLOGY AND PEDIATRICS
   Respondent

   This is to confirm the oral order, issued during the telephonic conference with counsel for the parties this date, granting Respondent's motion under Rules 37(b)(2) & (d) of the Federal Rules of Civil Procedure to limit the issues in this case to the alleged retaliatory acts set forth in the Complainant's letter of August 27, 1992 to the United States Department of Labor, Wage and Hour Division because of his failure to appear at a timely scheduled deposition.

   This is to confirm further that I have directed that the depositions of Maria Deliovorioa-Papadopoulos, Paul DeWeer and Neil Hamburg not be taken because of their not being timely scheduled contrary to the Order issued on October 22, 1992 that discovery be expedited and that counsel shall cooperate in this regard. The last minute scheduling of the depositions without prior agreement of opposing counsel does not comply with such Order.

      JOEL R. WILLIAMS
      Administrative Law Judge