MIDLAND NATIONAL LIFE INSURANCE COMPANY v. FREDRICKSEN

Filing 49

ORDER - DENIED 44 Emergency MOTION for Protective Order filed by MIDLAND NATIONAL LIFE INSURANCE COMPANY. Signed by MAGISTRATE JUDGE MILES DAVIS on 11/12/2009. (see order) (djb)

UNITED STATES DISTRICT COURT N O R T H E R N DISTRICT OF FLORIDA P E N S AC O L A DIVISION
MIDLAND NATIONAL LIFE INSURANCE COMPANY VS CYNTHIA D FREDRICKSEN, et al. REFERRAL AND ORDER Referred to Magistrate Judge Davis on November 12, 2009 Type of Motion/Pleading: EMERGENCY MOTION FOR PROTECTIVE ORDER Filed by: PLAINTIFF on 11/12/09 Document 44 ( ) Stipulated/Consented/Joint Pleading RESPONSES: DEFENDANTS on 11/12/09 Doc.# 46, 47 & 48 on Doc.# WILLIAM M. McCOOL, CLERK OF COURT /s/Donna Bajzik Deputy Clerk: Donna Bajzik CASE NO. 3:09cv198-MCR-MD

ORDER
Upon consideration of the foregoing, it is ORDERED this 12t h day of November, 2009, that: (a) (b) The requested relief is DENIED. Defendant Justice has taken time off from work and purchased nonrefundable airline tickets to fly here from California for the depositions. If her deposition was never noticed as counsel for Fredricksen contends, counsel does not deny that the depositions were agreed to. Moreover, it was Fredricksen's counsel who notified Midland of the deposition, so this is no surprise. Midland contends that it has no interest in the dispute between the two defendants (docs. 40, 41), but now wants to delay the depositions so it can attend. Midland is correct that it is still a party, but given its interpleader herein, failure by the

(c)

defendants to notice it of cross-depositions is understandable. If Midland wants to attend the depositions it can retain local counsel. (d) Finally, the now scheduled depositions involve only the primary contention between the two defendants. Fredrickson's threatened counterclaim and third party complaints have not been filed. If they are, their actual filing does not argue against going forward with the now scheduled depositions because there is no indication that any issue raised in those pleadings will involve Defendant Justice.

/s/

Miles Davis

MILES DAVIS UNITED STATES MAGISTRATE JUDGE