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

Filing 223

ORDER: Travelers Renewed Motion for Leave to Take Additional Depositions 220 is GRANTED. Travelers' Motion to Supplement 222 is DENIED as moot. Signed by Judge James S. Moody, Jr on 8/2/2011. (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’ Renewed Motion for Leave
to Take Additional Depositions (Dkt. 220) and the Third-Party Defendants’ Memorandum
in opposition (Dkt. 221). The Court, having reviewed the motion, response, and being
otherwise advised in the premises, concludes that the Renewed Motion should be granted.
On July 7, 2011, the Court denied as moot Travelers’ Motion for Leave to Take
Additional and Supplemental Depositions (Dkt. 219). The Motion was denied as moot
because Travelers failed to show that it had already scheduled and/or taken the ten
depositions that it was allotted under the rules. The Court held that:
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.

Travelers’ Renewed Motion indicates that it has taken five depositions to date and scheduled
thirteen additional depositions, in coordination with the Third-Party Defendants. Travelers
requests permission to take the additional depositions that exceed the allotted ten depositions.
Travelers includes a description of the relevance of each deposition, including the
depositions that were taken.
The Court concludes that Travelers has sufficiently justified its need to take the
additional depositions. Travelers’ description of the relevance of each deposition complies
with the Court’s previous Order and adequately demonstrates that the depositions are not
cumulative. Moreover, these depositions have been scheduled.
It is therefore ORDERED AND ADJUDGED that:
1.

Travelers’ Renewed Motion for Leave to Take Additional Depositions (Dkt.
220) is GRANTED.

2.

Travelers’ Motion to Supplement (Dkt. 222) is DENIED as moot.1

DONE and ORDERED in Tampa, Florida on August 2, 2011.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2009\09-cv-1850.renewedmtdepos220.frm

1

It is important to note that Travelers’ calculation of the Third-Party Defendants’ response-time is
incorrect. Under, Fed. R. Civ. P. 6(d), a party has three (3) additional mailing days, for a total of seventeen
(17) days, to respond to a motion. Thus, the response was timely-filed.
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