Fiddler's Creek, LLC v. Naples Lending Group LC

Filing 149

ORDER denying without prejudice 105 Defendants' Motion to Compel Plaintiff to Provide Proper Rule 26(a) Initial Disclosures on Damages; granting in part and denying in part 129 Plaintiff's Motion for Leave to Exceed Ten (10) Depositions. The motion is granted to the extent that Plaintiff may take an additional six (6) depositions. See Order for details. Signed by Magistrate Judge Carol Mirando on 8/20/2015. (ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: FIDDLER’S CREEK, LLC
FIDDLER’S CREEK, LLC,
Plaintiff,
v.

Case No: 2:14-cv-379-FtM-29CM

NAPLES LENDING GROUP LC
and DANIEL CARTER,
Defendants.
ORDER
Before the Court are Defendants’ Motion to Compel Plaintiff to Provide Proper
Rule 26(a) Initial Disclosures on Damages (“Motion to Compel”) (Doc. 105), filed on
June 22, 2015, and Plaintiff’s Memorandum in Opposition to Naples Lending’s
Motion to Compel Plaintiff to Provide Proper Rule 26(a) Initial Disclosures on
Damages (Doc. 128), filed on July 16, 2015; and Plaintiff’s Motion for Leave to Exceed
Ten (10) Depositions (“Motion to Exceed”) (Doc. 129), filed on July 16, 2015, and
Defendants’ Response in Opposition to Plaintiff’s Motion for Leave to Exceed Ten (10)
Depositions (Doc. 136), filed on August 3, 2015.
Pursuant to the parties’ Joint Request for Hearing on Pending Discovery
Motions (Doc. 131), the undersigned held a hearing on the Motion to Compel and
Motion to Exceed on August 18, 2015. Docs. 132, 133, 148. For the reasons stated

on the record, the Motion to Compel will be denied without prejudice and the Motion
to Exceed will be granted in part and denied in part.
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendants’ Motion to Compel Plaintiff to Provide Proper Rule 26(a)

Initial Disclosures on Damages (Doc. 105) is DENIED without prejudice.
2.

Plaintiff’s Motion for Leave to Exceed Ten (10) Depositions (Doc. 129) is

GRANTED in part and DENIED in part. The motion is granted to the extent that
Plaintiff may take an additional six (6) depositions. Should Plaintiff require further
depositions in excess of the additional six (6) permitted by this Order, the depositions
only may be taken upon agreement of the parties with Plaintiff to bear both parties’
costs and fees associated with each.
DONE and ORDERED in Fort Myers, Florida on this 20th day of August, 2015.

Copies:
Counsel of record

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