Serrano v. Metallic Ladder Manufacturing Corporation

Filing 37

ORDER granting 31 Motion For Inspection of Subject Ladder. Signed by Magistrate Judge Andrea M. Simonton on 5/23/2014. (eh00)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No. 13-24020-CIV-WILLIAMS
JOSE SERRANO, by and through
Maria Angelica Hercules, his courtappointed guardian,
Plaintiff,
vs.
METALLIC LADDER MANUFACTURING
CORPORATION.
Defendant.
/
AGREED ORDER ON JOINT MOTION FOR
INSPECTION OF THE SUBJECT LADDER
THIS CAUSE having come before this Court on the Joint Motion for Inspection of the
Subject Ladder (DE # 31), and this Court being otherwise advised that the parties are agreeable
to the inspection of the subject ladder, it is hereby
ORDERED AND ADJUDGED that the Joint Motion for Inspection of the Subject
Ladder (DE # 31) is hereby granted. The Defendant, its attorneys and experts may inspect the
subject ladder at any time between 8 a.m. and 5 p.m., on June 11, 2014, at the Marriot Marquis
Hotel, 255 Biscayne Boulevard Way, Miami, FL 33131, which is where the incident occurred.
The inspection will occur at the incident scene.

Plaintiff’s counsel will be responsible for

making sure that the subject ladder is delivered to the Marriott Marquis Hotel before the
inspection. The accident ladder, and its component parts, will be delivered to Defendant’s
authorized representative on June 11, 2014, at the Marriot Marquis Hotel’s loading dock located
at 254 S.E. 3rd Street, Miami, Florida 33131. The time of delivery to be provided to Plaintiff’s
counsel. Plaintiff’s attorneys, or others on behalf of Plaintiff, will be permitted to attend the

inspection, as well as document the inspection via videotape recording and/or photographs.
Defense counsel will work with Marriot Marquis Hotel, or its attorneys, to facilitate the
inspection as outlined above. There shall be no destructive testing or alteration of the ladder, or
any of its component parts, at the time of inspection. The ladder shall be returned to Plaintiff’s
authorized representative immediately after the inspection at the Marriot Marquis Hotel’s
loading dock in the same condition and in the same packaging as it was delivered.
DONE AND ORDERED in chambers at Miami, Florida, on May 23, 2014.
________________________________
ANDREA M. SIMONTON
UNITED STATES MAGISTRATE JUDGE
Copies provided via CM/ECF:
The Honorable Kathleen M. Williams,
United States District Judge;
All counsel of record.
.

2