Plaintiff Lothar Estenfelder filed a lawsuit against the Gates Corporation in federal district court. After the close of discovery, Gates filed a motion for leave to take the depositions of four former Gates' employees who resided in Europe. None of the former employees could be compelled through subpoena to attend trial. The plaintiff objected to the motion arguing that the deadline for discovery had passed. Gates cited FRCP 32 in support of its position. What is the result?