Valdivieso v. Cushman & Wakefield Inc.

Filing 73

ORDER granting in part and denying in part #59 Emergency/Time-Sensitive Motion to Quash and Objections to Subpoena to Testify at a Deposition in a Civil Action, and denying as moot #58 Motion to Quash and Objections to Subpoena to Testify at a Deposition in a Civil Action, and #67 Motion for Leave to File a Reply to Plaintiff's Response in Opposition to the Emergency Motion. Signed by Magistrate Judge Julie S. Sneed on 10/30/2017. (LBL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
LUIS A VALDIVIESO,
Plaintiff,
v.

Case No: 8:17-cv-118-T-23JSS

CUSHMAN & WAKEFIELD INC.,
Defendant.
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ORDER
THIS MATTER is before the Court on the Motion to Quash and Objections to Subpoena
to Testify at a Deposition in a Civil Action (“Motion”) (Dkt. 58), filed by non-party Anthem, Inc.
(“Anthem”); Anthem’s Emergency/Time-Sensitive Motion to Quash and Objections to Subpoena
to Testify at a Deposition in a Civil Action (“Emergency Motion”) (Dkt. 59), which is the amended
version of the Motion; Plaintiff’s response in opposition to the Emergency Motion (Dkt. 60);
Anthem’s Motion for Leave to File a Reply to Plaintiff’s Response in Opposition to the Emergency
Motion (Dkt. 67) (“Motion for Reply”); and Plaintiff’s response in opposition to the Motion for
Reply (Dkt. 68). On October 27, 2017, a hearing was held on the Emergency Motion.
Plaintiff issued the Subpoena to Anthem seeking information to support his claims in the
First Amended Class Action Complaint concerning the alleged lack of notice of his rights under
the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). (Dkts. 14, 60.) The
Subpoena seeks testimony concerning twenty-three deposition topics (“Topics”). (Dkt. 59-3, Ex.
A.) At the hearing, Plaintiff withdrew Topics 6, 12, 14, 15, 18 (identified as number 16), 21
(identified as number 20), 22 (identified as number 21), and 23 (identified as number 22). For the
reasons stated at the hearing, as set forth below, it is ORDERED:

1.

The Emergency Motion (Dkt. 59) is GRANTED in part and DENIED in part. The

Emergency Motion is granted as to Topics 7, 8, and 20 (identified as number 18). All remaining
Topics are limited to the COBRA notice at issue in this lawsuit and to the time period of 2013 to
2016. The Emergency Motion is denied as to Topics 1 through 5. Finally, the Emergency Motion
is granted in part as to the remaining Topics because the Court limited the scope of these Topics
at the hearing on the Emergency Motion. Specifically, Topic 9 shall be limited to testimony
regarding who ultimately approved the COBRA notice that is the subject of the lawsuit. Next,
Topic 10 shall be limited to testimony regarding the number of people who received the same
COBRA notice as Plaintiff. Topic 11 shall be limited to testimony regarding the steps Anthem
took to send out the COBRA notice that is the subject of the lawsuit. Topic 13 shall be limited to
testimony regarding the number of people who elected COBRA coverage. Topic 16, which is
identified as the second number 11, shall be limited to testimony regarding Anthem’s knowledge
of changes made to the COBRA notice at issue in this case. Topic 17, which is identified as the
second number 15, is limited to testimony regarding Plaintiff’s personnel file for the time period
at issue. Finally, Topic 19, which is identified as number 17, is limited to testimony regarding
written policies and written procedures regarding issuing the COBRA notice to Defendant’s
employees.
2.

The parties agree to conduct the deposition, either in person or telephonically, by

November 19, 2017.
3.

The Motion (Dkt. 58) and the Motion for Reply (Dkt. 67) are DENIED as moot in

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light of the ruling on the Emergency Motion.
DONE and ORDERED in Tampa, Florida, on October 30, 2017.

Copies furnished to:
Counsel of Record

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