Madison v. Jack Link Associates Stage Lighting & Productions, Inc.

297 F.R.D. 532, 87 Fed. R. Serv. 3d 672, 2013 WL 6916496, 2013 U.S. Dist. LEXIS 182311
CourtDistrict Court, S.D. Florida
DecidedDecember 17, 2013
DocketNo. 12-61417-CIV
StatusPublished
Cited by3 cases

This text of 297 F.R.D. 532 (Madison v. Jack Link Associates Stage Lighting & Productions, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Madison v. Jack Link Associates Stage Lighting & Productions, Inc., 297 F.R.D. 532, 87 Fed. R. Serv. 3d 672, 2013 WL 6916496, 2013 U.S. Dist. LEXIS 182311 (S.D. Fla. 2013).

Opinion

ORDER GRANTING IN PART DEFENDANT’S MOTION FOR LEAVE TO TAKE ADDITIONAL DEPOSITIONS [DE 129]

WILLIAM MATTHEWMAN, United States Magistrate Judge.

THIS CAUSE is before the Court upon Defendant, Jack Link Associates Stage Lighting & Productions, Inc.’s (“Jack Link”) Motion for Leave to Take Additional Depositions [DE 129]. Plaintiff, Robert Madison, (“Madison”) filed a Response [135], This Court held a hearing on Plaintiffs motion on December 2nd, 2013, and the matter is now ripe for review.

Facts

Madison filed a Complaint1 against Jack Link, Holland America, and Legendary Rhythm & Blues Cruise, LLC for personal injuries he allegedly suffered in January of 2013 while on board a ship docked in Fort Lauderdale, Florida [DEs 44, 113]. Madison ultimately settled with Holland America and Legendary Rhythm & Blues Cruise, LLC, and the only remaining defendant in the case is Jack Link [DE 113].

At the time of the hearing, Jack Link had deposed the following nine individuals:

1. Robert Madison (Plaintiff);
2. Angel Narlinger (records custodian of Rebekah’s Dreams, Madison’s employer at the time of the incident);
3. Andrew Pratt (“lead” or foreman for Madison’s employer at the time of the incident);
4. Evan Narlinger (owner of Rebekah’s Dreams);
5. Leo McCann (co-worker of Madison and eyewitness);
6. Pam Madison (Madison’s wife);
7. David Pellico (friend and reference of Madison);
8. Dr. Stephen Dodds (emergency room physician who treated Madison on the day after the incident); and
9. Dr. Diaz-Gorrichategui (emergency room physician who treated Madison approximately two weeks after the incident).

Additionally, Jack Link had scheduled the deposition of a tenth individual, Claudio De-Bonis, for December 2nd, 2013, but it was cancelled. In its Motion, Jack Link seeks leave to depose eight more individuals:

1. Dr. Patrick Gonzalez (physician who performed neuropathy tests on Madison the day after the incident);
2. Dr. David Murray (ship’s physician who examined Madison immediately after the incident);
3. T. Bustos-Rocha, R.N. (ship’s nurse who examined Madison immediately after the incident);
4. Barry Godschalk (ship’s electrician);
5. Dr. Christopher Channon (eye doctor who treated Madison after the incident);
6. Person with the most knowledge from Holland America regarding any ship alterations, repairs, or modifications to the ship’s deck from date of incident to present;
7. Kimberly Bishop (Social Security Administration employee who made the [535]*535determination that Madison was disabled); and
8. Dr. Frank Catafulmo (Madison’s first treating physician after the incident)

In support of its Motion, Jack Link maintains that the additional depositions it requests are not “unreasonably cumulative or duplicative,” and the additional depositions are necessary because Madison claims to have suffered significant injuries and seeks substantial damages.2 In its Motion, Jack Link argues that each additional witness sought to be deposed “possesses distinct knowledge of the claims and/or issues involved in the lawsuit.” [DE 129, p. 5]. Jack Link also states that it cannot obtain the information it seeks through other means of discovery, and the benefits of obtaining the discovery outweigh any burden that may fall on Madison [DE 129, pp. 5-6]. Jack Link maintains that it needs to conduct the additional depositions in order to present its case fully at trial [DE 129, p. 6].

In opposition, Madison argues that some of the additional depositions Jack Link requests would yield unreasonably cumulative or duplicative discovery; particularly, Madison argues that Jack Link should not be allowed to depose both the ship’s doctor as well as the ship’s nurse [DE 135, p. 4], Madison maintains that the testimony of these two individuals would be largely similar [DE 135, p. 4], Additionally, Madison points out that Jack Link has already obtained records from Dr. Gonzalez, Dr. Dodds, Dr. Diaz-Gorrichategui, Dr. Channon, Mr. Catafulmo, as well as Ms. Bishop; in light of this, Madison argues that deposing these individuals is unnecessary because Jack Link already has the information it would need [DE 135, p. 4], Madison also argues that the expense he would incur in conducting the additional depositions would outweigh any likely benefit [DE 135, pp. 4-5]. Moreover, Madison contests that Jack Link cannot justify the necessity of the depositions it previously took without leave of court and cannot adequately demonstrate why any of the additional depositions are necessary [DE 135, p. 5]. Finally, Madison points out that “most of the witnesses [Jack Link] seeks to depose will not be called as a witness by [Madison], except perhaps in rebuttal.” [DE 135, p. 5].

Legal Standard

Federal Rule of Civil Procedure 30 permits a party to take up to ten depositions without leave of court. If a party wishes to take more than ten depositions, she must seek leave of court. Fed.R.Civ.P. 30(a)(2)(A)(i). If a court grants a party leave to conduct more than ten depositions, it must do so in a manner consistent with Federal Rule of Civil Procedure 26(b)(2). Fed.R.Civ.P. 30(a)(2)(A)(i). Rule 26(b)(2)(C) requires the court to determine whether: (1) the additional discovery sought is “unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive;” (2) “the party seeking discovery has had ample opportunity to obtain the information by discovery in the action;” or (3) “the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues.” Fed. R.Civ.P. 26(b)(2)(C)(i)-(iii). Additionally, “[c]ourts have construed Rule 30(a)(2)(A) ... to require a party seeking leave of court to exceed the [ten]-deposition limitation to justify the necessity of each deposition previously taken without leave of court.” AIG Centennial Ins. Co. v. O’Neill, No. 09-60551, 2010 WL 4116555, *16 (S.D.Fla. Oct. 18, 2010) (emphasis in original).

Analysis

Having considered the arguments presented by counsel at the December 2nd, 2013 hearing, the Court finds that Jack Link justified the necessity of the depositions it previously took without leave of court.

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297 F.R.D. 532, 87 Fed. R. Serv. 3d 672, 2013 WL 6916496, 2013 U.S. Dist. LEXIS 182311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madison-v-jack-link-associates-stage-lighting-productions-inc-flsd-2013.