Kearney Construction Company, LLC v. Travelers Casualty and Surety Company of America

Filing 219

ORDER: Travelers' Motion for Leave to Take Additional and Supplemental Depositions 204 is DENIED as moot. Signed by Judge James S. Moody, Jr on 7/7/2011. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

KEARNEY CONSTRUCTION
COMPANY, LLC,
Plaintiff,
v.

Case No. 8:09-cv-1850-T-30TBM

TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, et al.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Travelers’ Motion for Leave to Take
Additional and Supplemental Depositions (Dkt. 204), Non-party Pasco County’s Response
(Dkt. 215), and the Indemnitors’ Memorandum in opposition (Dkt. 218). The Court, having
considered the motion and the responses, and being otherwise advised in the premises,
concludes that the motion should be denied as moot.
Travelers’ motion requests that it be permitted to take six depositions in addition to
the allotted ten. Travelers’ motion, however, is moot, because it has only taken five
depositions to date. Thus, it may take the depositions of Bruce Kennedy, Martin Ramirez,
Thomas Kroger, Third Party Defendants’ unnamed expert witness, Peter Proebski (regarding
events that occurred on the Project since his previous deposition), and Jeff Joaquin (regarding
the claims against Pasco County that came to light after his deposition). Because Travelers

has only taken five depositions within the allotted ten, and failed to inform the Court of what
depositions it was including in the remaining five, the Court will construe these five
additional depositions (the Court does not count the supplemental deposition of Mr. Joaquin
as an additional deposition, but does include the deposition of Mr. Proebski as an additional
deposition) as part of the allotted ten.
To the extent Travelers requests any additional depositions, it must do so after the
scheduling of the depositions discussed herein. And any motion for leave to take additional
depositions shall list every deposition scheduled and/or previously taken, an explanation of
the relevance of these depositions, and an explanation of why any additional depositions
would be necessary and not cumulative.
The Court reserves on Travelers’ request for fees and costs.
It is therefore ORDERED AND ADJUDGED that Travelers’ Motion for Leave to
Take Additional and Supplemental Depositions (Dkt. 204) is DENIED as moot.
DONE and ORDERED in Tampa, Florida on July 7, 2011.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2009\09-cv-1850.mtdepos204.frm

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