The Complaint of Jolly Rogers Cruises & Tours, S.A., as bare boat charterer

Filing 69

ORDER granting in part and denying in part 58 Motion to Compel; granting in part and denying in part 59 Motion to Compel. Signed by Magistrate Judge John J. O'Sullivan on 4/20/2011. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 10-23257-CIV-JORDAN/O’SULLIVAN
IN THE MATTER OF
The Complaint of
JOLLY ROGER CRUISES & TOURS, S.A., as
bare boat charterer and owner pro hac vice of the
Motor Vessel, GRAZIAFELICE a/k/a GRAZIA
FELICE, its engines, tackle, appurtenances, etc., in
a case for Exoneration from or Limitation of Liability
___________________________________________/
ALISON STARKEY,
Plaintiff,
vs.
JOLLY ROGER CRUISES & TOURS, S.A.,
Defendant.
___________________________________________/

ORDER
THIS MATTER came before the Court on the Motion to Compel Better Discovery
Responses (DE# 58, 4/12/11) and the Motion to Compel Deposition on Certain Subjects (DE#
59, 4/12/11). Having reviewed the applicable filings and law and having held a hearing on April
20, 2011, it is
ORDERED AND ADJUDGED that the Motion to Compel Better Discovery Responses
(DE# 58, 4/12/11) is GRANTED in part and DENIED in part as follows:
•

Ms. Starkey’s request for photographs and videos is DENIED without prejudice to
renew after the inspection of the vessel. On or before Friday, April 29, 2011, Jolly
Roger Cruises & Tours, S.A. (hereinafter “Jolly Roger”) shall amend its privilege logs to
comply with the requirements of Roger Kennedy Construction, Inc. v. Amerisure Ins.
Co., No. 6:06-cv-1075-Orl-19KRS, 2007 WL 1362746 (M.D. Fla. May 7, 2007).

•

On or before Friday, April 29, 2011, Jolly Roger shall amend its responses to the First
Request for Production Nos. 12 through 15 to indicate that it does not have any written
policies and procedures. If Jolly Roger determines that there are some written policies
and procedures, Jolly Roger shall produce those policies and procedures that relate to
Ms. Starkey’s claims and defenses and Jolly Roger’s claims and defenses;

•

With respect to other accidents, on or before Friday, April 29, 2011, Jolly Roger shall
produce documents concerning any accident where someone was hurt while jumping off
of any of the vessels owned or operated by Jolly Roger for the five year period
preceding the accident in question;

•

Jolly Roger’s objections to Request for Production No. 28 are OVERRULED. Jolly Roger
shall respond to Request for Production No. 28 on or before Friday, April 29, 2011;

•

With respect to the First Set of Interrogatories Nos. 6 through 8, on or before Friday,
April 29, 2011, Jolly Roger shall provide responses concerning any accidents that
occurred while someone was jumping off of any of the vessels owned or operated by
Jolly Roger for the five year period preceding the accident in question;

•

On or before Friday, April 29, 2011, Jolly Roger shall amend its answer to Interrogatory
No. 10 to include all the requested information or to indicate that there is no further
information. Jolly Roger shall also indicate whether any photographs were taken at the
time the repairs were done.

It is further
ORDERED AND ADJUDGED that the Motion to Compel Deposition on Certain Subjects
(DE# 59, 4/12/11) is GRANTED in part and DENIED in part as follows:
•

Jolly Roger’s corporate representative shall respond to areas of inquiry concerning other
vessels owned or operated by Jolly Roger but only with respect to people jumping off of

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the vessels. Jolly Roger’s corporate representative shall testify concerning advertising
and promotion with respect to the subject vessel only;
•

Jolly Roger’s corporate representative shall be prepared to respond to the areas of
inquiry identified in paragraph 5 of Exhibit A to the Notice of Taking Videotaped
Deposition (DE# 59-1, 4/12/11) related to safety and pertaining to the subject vessel;

•

Jolly Roger’s corporate representative shall be prepared to discuss the areas of inquiry
identified in paragraph 23 of Exhibit A to the Notice of Taking Videotaped Deposition
(DE# 59-1, 4/12/11). With respect to paragraph 22, Jolly Roger’s corporate
representative shall be prepared to discuss the policies and procedures regarding
jumping off of the vessels owned or operated by Jolly Roger;

•

Paragraph 31 of Exhibit A to the Notice of Taking Videotaped Deposition (DE# 59-1,
4/12/11) is limited to the area of the vessel where Ms. Starkey jumped.
DONE AND ORDERED, in Chambers, at Miami, Florida this 20th day of

April, 2011.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Jordan
All counsel of record

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