Houston Specialty Insurance Company v. Vaughn et al

Filing 105

ORDER granting 65 Motion to Compel Continued Deposition; taking under advisement 66 Motion to Compel Testimony from Corporate Representative; taking under advisement 68 Motion to Compel Production of Emails; granting 72 Motion to Compel Request for Admissions Responses; taking under advisement 73 Motion to Compel Communications Between Counsel and Expert. See Order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 10/14/2016. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
HOUSTON SPECIALTY
INSURANCE COMPANY,
Plaintiff,
v.

Case No.: 8:15-cv-2165-T-17AAS

ENOCH VAUGHN, individually, and as
Parent and Natural Guardian of M.V.,
a minor, ALL FLORIDA
WEATHERPROOFING &
CONSTRUCTION, INC., RICHARD
FULFORD, and ROBERT MENDENHALL,
Defendants.
______________________________________/
ORDER
This matter comes before the Court on Defendants’ All Florida Weatherproofing &
Construction, Inc. (“All Florida”)’s, Richard Fulfords (“Fulford”)’s, and Robert Mendenhall
(“Mendenhall”)’s Motion to Compel Continued Deposition of Houston Specialty Insurance
Company (“HSIC”)’s Corporate Representative and for Extension of Discovery Deadline Solely
to Take that Continued Deposition (Doc. 65), Plaintiff HSIC’s Motion to Compel Testimony From
All Florida Corporate Representative (Doc. 66), Plaintiff HSIC’s Motion to Compel Production of
Emails (Doc. 68), Defendant Mendenhall’s Motion for Plaintiff to Comply with Rule 36 in
Response to Mendendall’s Second Request for Admissions (Doc. 72), and Defendant All Florida’s
Motion to Compel Communications Between Counsel for HSIC and its Expert Witness John

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Hament (Doc. 73).1
On October 14, 2016, the parties appeared before the undersigned for oral argument on
these matters. As stated on the record at the hearing, the Court rules on the Parties’ motions as
follows:
Defendants’ All Florida’s, Fulford’s, and Mendenhall’s Motion to Compel
Continued Deposition of HSIC’s Corporate Representative and for
Extension of Discovery Deadline Solely to Take that Continued Deposition (Doc. 65)
As provided in greater detail at the hearing, the Motion to Compel (Doc. 65) is
GRANTED. The continued deposition of HSIC’s corporate representative is compelled to permit:
(1) All Florida’s questions related to documents obtained by defense counsel after the July 8, 2016
deposition of HSIC’s corporate representative; and (2) all defendants’ questions related to any new
allegations raised in the Amended Complaint (Doc. 60). The parties represented at the hearing
that they will come to a mutual agreement on the location of the deposition without the assistance
of the Court. Extensions of current case management deadlines will be addressed in a separate
Report and Recommendation.
Plaintiff HSIC’s Motion to Compel Testimony From
All Florida Corporate Representative (Doc. 66)
As provided in greater detail at the hearing, the Motion to Compel (Doc. 66) is TAKEN
UNDER ADVISEMENT.

No later than Friday, October 21, 2016, Plaintiff shall file a

supplement to the Motion to Compel (Doc. 66) addressing the specific topics that All Florida’s
corporate representative was unable to appropriately address during the deposition on September

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At the October 14th hearing, Defendant Mendenhall orally moved the Court to require HSIC to
provide copies of a non-party’s documents produced pursuant to a subpoena. That oral motion will be
addressed herein.
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8, 2016, with corresponding transcript citations demonstrating the purported failures. Defendant
All Florida may file a response to Plaintiff’s Supplement no later than Friday, October 28, 2016.
Plaintiff HSIC’s Motion to Compel
Production of Emails (Doc. 68)
As provided in greater detail at the hearing, the Motion to Compel (Doc. 68) is TAKEN
UNDER ADVISEMENT. The Court will conduct an in camera review of the subject emails,
redacted and unredacted copies of which were provided by Defendant All Florida to the
undersigned at the hearing on October 14, 2016. No later than Friday, October 21, 2016,
Defendant All Florida shall email a copy of the corresponding privilege log entries (i.e., the same
table included at pages 4-5 of its response (Doc. 80)), formatted as a word document, to
[e-mail].
Defendant Mendenhall’s Motion for Plaintiff to Comply with Rule 36 in
Response to Mendenhall’s Second Request for Admissions (Doc. 72)
As provided in greater detail at the hearing, the Motion to Compel (Doc. 72) is
GRANTED. Plaintiff’s narrative responses to Defendant Mendenhall’s Second Request for
Admissions Nos. 1-2 do not conform to what is permitted under Federal Rule of Civil Procedure
36. (Doc. 72-1). Plaintiff shall provide Defendant Mendenhall with amended responses no later
than Friday, October 21, 2016.
Defendant All Florida’s Motion for Plaintiff to Compel Communications
Between Counsel for HSIC and its Expert Witness John Hament (Doc. 73)
As provided in greater detail at the hearing, the Motion to Compel (Doc. 73) is TAKEN
UNDER ADVISEMENT. No later than October 21, 2016 (postmark date), Plaintiff shall
provide the Court with the subject correspondence for an in camera review. After mailing the
subject documents, non-duplicative if possible, to the undersigned at U.S. District Court, Middle
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District of Florida, 801 N. Florida Ave, Chambers 10B, Tampa FL, 33602, Plaintiff shall file a
notice of compliance regarding the same. In addition, no later than October 21, 2016, Plaintiff
shall email a copy of the corresponding privilege log entries, formatted as a word document, to
[e-mail].
Defendant Mendenhall’s Oral Motion for Copies
At the hearing before the undersigned on October 14, 2016, Defendant Mendenhall raised
an oral motion requesting that Plaintiff provide counsel with copies of documents received by
Plaintiff in response to a specific non-party subpoena issued by Plaintiff. After due consideration,
Defendant’s oral motion is GRANTED and Plaintiff shall provide counsel for Mendenhall with
the requested copies no later than October 21, 2016.
DONE AND ORDERED in Tampa, Florida on this 14th day of October, 2016.

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