ROSA et al v. SAFECO INSURANCE COMPANY OF AMERICA et al

Filing 64

ORDER CLARIFYING THIS COURT'S 61 ORDER DENYING 60 JOINT MOTION TO CONTINUE TRIAL. Signed by JUDGE MARK E WALKER on 6/26/2013. (jws)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

JOHN ROSA, et al.,
Plaintiffs,
v.

CASE NO. 5:12-CV-174-MW/GRJ

SAFECO INSURANCE
COMPANY OF AMERICA, et al.,
Defendants.
____________________________________/
ORDER CLARIFYING THIS COURT’S ORDER DENYING JOINT
MOTION TO CONTINUE TRIAL
On June 25, 2013, Defendants Insurance Answer Center LLC, Safeco
Insurance Company of America, and Safeco Insurance Company of Illinois, filed a
notice with this Court indicating that Donald Rosa has been subpoenaed to testify
at a deposition on July 10, 2013. ECF No. 63. This Court issues this order to
clarify its previous Order Denying Joint Motion to Continue Trial, ECF No. 61,
entered June 4, 2013.
The parties to this action need to be aware that they may not circumvent the
discovery deadline by taking a deposition and calling it a trial deposition or a de
bene esse deposition. See Chrysler Intern. Corp. v. Chemaly, 280 F.3d 1358, 1362
n.8 (2002) (observing that Rule 32 draws no distinction between discovery
1

depositions and de bene esse depositions and noting that “parties who delay in
taking a needed deposition and who assume that a district court will draw . . . . a
distinction, for pretrial scheduling purposes, between different kinds of depositions
assume a risk: they cannot count on the trial court’s allowing a deposition to be
taken closer to the trial date”).
Here, the parties were explicitly put on notice by this Court’s Order Denying
Joint Motion to Continue Trial, ECF No. 61, entered June 4, 2013, that the time for
discovery has passed: “Less there be any confusion, absent further order of this
Court, the time for discovery and dispositive motions has passed.” ECF No. 61.
(Emphasis added). The purpose of this order is to advise the parties that if wish to
take a deposition that they intend to use – either by filing it with this Court or using
it at trial – they must have sought – and received – leave from this Court upon a
showing of good cause.
SO ORDERED on June 26, 2013.

s/Mark E. Walker
United States District Judge

2