The Circuit Court shows remarkable restraint not naming the judge, particularly given who the judge is (Lynn Hughes). They don't even mention that he was the same judge at issue in
McCoy:
We have a sense of déjá vu. The district court’s discovery restrictions
in the instant cases are strikingly similar to those in McCoy. And “[a]lthough
the district court is customarily accorded wide discretion in handling
discovery matters, we will not uphold a ruling which has failed to adhere to
the liberal spirit of the Rules.” Coughlin v. Lee, 946 F.2d 1152, 1159 (5th Cir.
1991). As in McCoy, the district judge here permitted only Miller’s
deposition to be taken before summary judgment briefing and argument—
and then actually participated in the deposition. By contrast, the court
repeatedly denied Miller the opportunity to depose any witnesses, relenting
only after summary judgment briefing was complete to allow Miller one
deposition, of UHD’s Dean Fulton. And that deposition was limited to “two
hours, at most.”