U.S. Magistrate Judge Donald Bostwick issued his order Friday deny an expedited deposition of Sebelius in the lawsuit filed by Sunflower Electric Power Corp. The Hays-based utility is suing the state over its refusal to issue permits for two coal-fired plants in western Kansas.
Sebelius could still be deposed later.
Bostwick says the expedited deposition would be a burden to the governor. She has argued she is busy with the Legislature and preparing for her confirmation hearings.
He also noted the trial judge has not yet ruled on an earlier motion by the state seeking to dismiss the lawsuit.
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