Lancaster et al v. Bottle Club, LLC et al

Filing 89

ORDER granting 88 Defendants' Consented Motion to Take Additional Depositions Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A). Signed by Magistrate Judge Julie S. Sneed on 11/22/2017. (LBL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
AMBER LANCASTER, BRITTANY
CRIPLIVER, BROOKE TAYLOR
JOHNSON, CIELO JEAN GIBSON, CORA
SKINNER, GEMMA LEE FARRELL,
HEATHER RAE YOUNG, IRINA
VORONINA, JESSE GOLDEN, JESSA
HINTON, JOANNA KRUPA, KATARINA
VAN DERHAM, MAYSA QUY, PAOLA
CANAS, SANDRA VALENCIA, SARA
UNDERWOOD, TIFFANY SELBY,
TIFFANY TOTH, VIDA GUERRA and
KIM COZZENS,
Plaintiffs,
v.

Case No: 8:17-cv-634-T-33JSS

ANDREW HARROW, SUSAN HARROW,
EYES WIDE SHUT, LLC, BYOB CLUB,
INC. and THE BOTTLE CLUB, LLC,
Defendants.
___________________________________/
ORDER
THIS MATTER is before the Court on Defendants’ Consented Motion to Take Additional
Depositions Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A) (“Motion”). (Dkt. 88.) The
twenty plaintiffs in this case have all agreed to be deposed. (Id. ¶¶ 2–3.) Because deposing all of
the plaintiffs exceeds Defendants’ allotment of ten depositions, See Fed. R. Civ. P. 30(a)(2)(A)(i),
Defendants seek permission to take these twenty depositions.

However, because Plaintiffs

stipulated to the requested depositions, leave of court is not required. See Jones-Walton v. Villas
at Lake Eve Condo. Ass’n, Inc., No. 615CV995ORL22TBS, 2017 WL 1653735, at *1–2 (M.D.
Fla. May 2, 2017) (“Federal Rule of Civil Procedure 30(a)(2) provides that a party may not take
more than ten depositions absent consent of the other parties or leave of court.”); Fed. R. Civ. P.

30(a)(2) advisory committee’s note to 1993 amendment (emphasis added) (explaining that Federal
Rule of Civil Procedure 30(a)(2) “provides a limit on the number of depositions the parties may
take, absent leave of court or stipulation with the other parties,” and that “[o]ne aim of this revision
is to assure judicial review under the standards stated in Rule 26(b)(2) before any side will be
allowed to take more than ten depositions in a case without agreement of the other parties”).
Although leave of court is not required given the parties’ agreement to the requested
depositions, Defendants’ Consented Motion to Take Additional Depositions Pursuant to Federal
Rule of Civil Procedure 30(a)(2)(A) (Dkt. 88) is nonetheless GRANTED.
DONE and ORDERED in Tampa, Florida, on November 22, 2017.

Copies furnished to:
Counsel of Record

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