Johnson v. NCL Bahamas Ltd

Filing 73

ORDER on informal discovery conference regarding Rule 37. Signed by Magistrate Judge John J. O'Sullivan on 3/7/2017. (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-21762-CIV-ALTONAGA/O’SULLIVAN
RONNA JOHNSON,
Plaintiff,
v.
NCL (BAHAMAS) LTD., a Bermuda
corporation d/b/a NORWEGIAN CRUISE LINES,
Defendant.
/
ORDER
THIS MATTER is before the Court following an informal discovery conference
held before the undersigned on February 28, 2017 regarding the plaintiff’s renewed
request for sanctions under Rule 37. Fed. R. Civ. P. 37(b)(2)(A)(I) provides the
following:
(b) Failure to Comply with a Court Order.
(2) Sanctions Sought in the District Where the
Action Is Pending.
(A) For Not Obeying a Discovery Order. If a
party or a party's officer, director, or managing
agent--or a witness designated under Rule
30(b)(6) or 31(a)(4)--fails to obey an order to
provide or permit discovery, including an order
under Rule 26(f), 35, or 37(a), the court where
the action is pending may issue further just
orders. They may include the following:
(I) directing that the matters embraced
in the order or other designated facts be
taken as established for purposes of the
action, as the prevailing party claims;
Fed. R. Civ. P. 37

Having heard from both parties, having determined that there were failures by the
defendant to comply with this Court’s discovery Orders, and the Court, as a result of the
defendant’s failures, being permitted under Rule 37 to designate facts to be taken as
established, it is
ORDERED AND ADJUDGED that the subject prior incidents involving liquid on
the floor are established as “substantially similar” to the plaintiff’s slip and fall for
purposes of determining their relevancy to the issues of notice and foreseeability. It is
further
ORDERED AND ADJUDGED that the seven incidents as to which the security
log reports indicate that the deck surface was wet or moist at the time of the slip and fall
are deemed substantially similar to the plaintiff’s slip and fall. It is further
ORDERED AND ADJUDGED that the six incidents as to which the defendant still
has not produced any information are deemed substantially similar incidents, unless the
defendant produces, within the time limit set in the discovery Order dated the same
date as this Order, supplemental information demonstrating in detail their lack of
similarity.
DONE AND ORDERED, in Chambers, at Miami, Florida, this 7th day of
March, 2017.
________________________________
JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
United States District Judge Altonaga
All counsel of record