Guarantee Insurance Company v. Heffernan Insurance Brokers, Inc. et al
Filing
191
ORDER denying 185 Motion to Compel Deposition and Requiring Supplemental Affidavit. Signed by Magistrate Judge Jonathan Goodman on 10/29/2014. (lpr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 13‐23881‐CIV‐MARTINEZ/GOODMAN
GUARANTEE INSURANCE CO.,
Plaintiff,
v.
HEFFERNAN INSURANCE BROKERS,
INC., et al.,
Defendants.
______________________________________/
ORDER DENYING MOTION TO COMPEL DEPOSITION AND REQUIRING
SUPPLEMENTAL AFFIDAVIT
This Cause is before the Undersigned on Defendants’ Heffernan Insurance
Brokers, Inc. (“Heffernan”) and Socius Insurance Services, Inc. (“Socius,” and, together
with Heffernan, “Defendants”) Motion (the “Motion”) to Compel Deposition of Steven
Mariano, Chairman of the Board and Chief Executive Officer of Patriot National
Insurance Group, Inc. [ECF No. 185]. Pursuant to the Undersigned’s instructions,
Plaintiff Guarantee Insurance Co. (“Guarantee”) filed a response in opposition to the
Motion. [ECF No. 188]. A hearing (the “Hearing”) was held on the Motion on October
28, 2014. For the reasons outlined at the Hearing and described below, it is Ordered and
Adjudged as follows:
The Motion is DENIED. As outlined at the Hearing, Defendants have not met
their burden of showing that an Apex deposition is necessary here. Carnival Corp. v.
Rolls‐Royce PLC, No. 08‐23318‐CIV, 2010 WL 1644959, at *1 (S.D. Fla. Apr. 22, 2010). In
addition, Defendants have already exceeded the number of depositions allowable
absent leave of court. Fed. R. Civ. P. 30(a)(2)(A)(i).
However, also as outlined at the Hearing, the Undersigned will provide
Defendants some limited relief in the form of a requirement that Mr. Mariano provide
a supplemental affidavit to Defendants. That supplemental affidavit will address
whether Mr. Mariano saw specific documents before he signed the April 10, 2009
Warranty and Representation Letter, and, if so, the supplemental affidavit must
describe what significance, if any, Mr. Mariano attached to each of those documents or
the developments described therein before signing the Warranty and Representation
Letter. Defendants shall, no later than October 30, 2014, provide a list to Plaintiff of
those specific documents that Mr. Mariano shall address in the supplemental affidavit.
Plaintiff shall then provide the supplemental affidavit to Defendants within five
business days of receiving that list.
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While it is the Undersigned’s practice to routinely award fees in connection with
motions brought pursuant to Rule 37 of the Federal Rules of Civil Procedure, in this
case, no fees shall be awarded because each party’s position was substantially justified.
DONE AND ORDERED in Chambers, in Miami, Florida, October 29, 2014.
Copies furnished to:
Honorable Jose E. Martinez
All Counsel of Record
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