Weech v. Royal Caribbean Cruises LTD

Filing 63

ORDER on Informal Discovery Conference. Signed by Magistrate Judge John J. O'Sullivan on 7/7/2011. (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-22752-CIV-JORDAN/O’SULLIVAN
FLOYD MARIO WEECH,
Plaintiff,
v.
ROYAL CARIBBEAN CRUISES LTD.,
Defendant.
_________________________/
ORDER
THIS MATTER is before the Court on an informal discovery conference held
before the undersigned on July 7, 2011. Having held a hearing in this matter and for
the reasons stated on the record, it is
ORDERED AND ADJUDGED that on or before Monday, July 11, 2011, the
defendant shall provide the plaintiff with the name of the Information Technology
individual for the plaintiff to contact with respect to the VDR. It is further
ORDERED AND ADJUDGED that the defendant shall provide the subject April
26, incident report to the plaintiff. This report was prepared in the ordinary course of
business, and is not protected by the work product doctrine or the attorney client
privilege. See Jones v. Carnival Corporation, United States District Court, Southern
District of Florida case number 04-20407-Civ-Jordan, Order dated September 27, 2005,
DE # 136, citing to an advisory committee note to Fed. R. Civ. P. 26(b)(3)and indicating
that documents created in the ordinary course of business or because they are required
for reasons unrelated to the litigation do not fall under the qualified immunity of Red. R.
Civ. P. 26. It is further
ORDERED AND ADJUDGED that the requirement of the defendant to provide
the plaintiff with the aforementioned incident report is stayed until July 21, 2011, so that
the defendant may appeal the undersigned’s ruling. If the defendant does not appeal
the undersigned’s ruling, the defendant shall provide the April 26, incident report to the
plaintiff as soon as possible. It is further

ORDERED AND ADJUDGED that if Judge Jordan permits the disclosure of the
April 26, incident report, the defendant shall bear the burden of any costs associated
with the need for the plaintiff to re-depose any witnesses. It is further
ORDERED AND ADJUDGED that the subject witness statements need not be
provided by the defendant to the plaintiff. After attempting to resolve the issue relating
to the subject witness statements, if need be, the plaintiff may file an appropriate
motion with the Court to compel those statements. The plaintiff shall indicate in any
such motion that the undersigned has provided permission for the filing of such a
motion. It is further
ORDERED AND ADJUDGED that the plaintiff may reserve the right to reinspect
the subject vessel because the vessel was docked in opposite ways at the time of
inspection and at the time of the incident. It is further
ORDERED AND ADJUDGED that depositions may be conducted by
telephone. The defendant reserves the right to object to the taking of telephonic
depositions at a later date.
DONE AND ORDERED, in Chambers, at Miami, Florida, this 7th day of
July 2011.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
United States District Judge Jordan
All Counsel of Record