Alicea v. Mallard et al

Filing 83

ORDER re 82 MOTION to Strike The Plaintiff's Untimely Objections, Or In The Alternative Memorandum Regarding Defendants' Response To Plaintiff's Objections Of Defendants, Mallard And Brough filed by Jeffrey Brough, Brian Mallard. The Defendants are hereby ORDERED to file a transcript of Chief Amet's deposition that accurately reflects the withdrawn portions of his testimony and the remaining designations by 12:00 NOON tomorrow, June 22, 2018. The Plaintiff is ORDERED to file any remaining objections to the Defendants' updated designations by 8:00 AM Monday, June 25, 2018. Signed by Judge Gregory A. Presnell on 6/21/2018. (MAF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JOHN CRUZ ALICEA,
Plaintiff,
v.

Case No: 6:16-cv-1327-Orl-31DCI

BRIAN MALLARD, JEFFREY BROUGH
and HOUSE OF BLUES ORLANDO
RESTAURANT CORP.,
Defendants.

ORDER
On June 20, 2018, Defendants Brian Mallard and Jeffrey Brough filed a Motion to Strike the
Plaintiff’s Untimely Objections, or in the Alternative, Memorandum Regarding Defendants’
Response to Plaintiff’s Objections (“Motion”). Doc. 82. The Motion contains argument related to
the Plaintiff’s objections to the Deposition of Chief Petty Officer David Amet, which are itemized
in the Joint Pretrial Statement. The Motion also withdraws various portions of the Defendants’
previous deposition designations. However, the Defendants argue about objections that they
categorize as moot in their section on designation withdrawal. See, e.g., Doc. 82 at 5 (arguing the
Plaintiff’s objection to 14:1-25 should be overruled, because Chief Amet’s accommodations are
relevant); Doc. 82 at 16 (withdrawing 13:1-25, which includes the question about Chief Amet’s
accommodations and withdrawing 14:7-25). Accordingly, it is unclear which designations the
Defendants intend to withdraw, and thus, which objections are moot and which should be decided
on the merits. The Defendants are hereby ORDERED to file a transcript of Chief Amet’s deposition
that accurately reflects the withdrawn portions of his testimony and the remaining designations by

12:00 NOON tomorrow, June 22, 2018. The Plaintiff is ORDERED to file any remaining objections
to the Defendants’ updated designations by 8:00 AM Monday, June 25, 2018.
DONE and ORDERED in Chambers, Orlando, Florida on June 21, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Party

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