Brotherhood Mutual Insurance Company v. T.C. et al

Filing 24

MEMORANDUM AND ORDER sustaining 20 Motion to Quash. The Court denies Plaintiff's request for a Protective Order. Signed by Magistrate Judge Gerald L. Rushfelt on 7/6/2017. (ydm) Modified on 7/6/2017 to correct that the motion is sustained (aa).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
BROTHERHOOD MUTUAL INSURANCE
COMPANY,

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Plaintiff,
v.
M.M., a minor by and through his natural
Mother, T.C.,
J.J., a minor by and through his natural
Mother, A.K.,
A.K.

Case No.

6:16-CV-01362

MEMORANDUM AND ORDER
The Court takes up the Motion to Quash Notice of Deposition and for Protective Order
filed by Plaintiff Brotherhood Mutual Insurance Company [Doc. 20]. After reviewing Plaintiff’s
Motion, Defendants’ Response to Plaintiff’s Motion [Doc. 21] and Plaintiff’s Reply in Support
[Doc. 22], the Court hereby grants Plaintiff’s Motion in part and denies it in part.
Plaintiff Brotherhood Mutual seeks an Order from this Court to quash the Notice to Take
Deposition Duces Tecum served by Defendants J.J. and A.K. [Doc. 19]. Plaintiff further asks
this Court for a Protective Order that Defendants may not seek discovery on the subjects listed in
the deposition notice. In their Notice, Defendants desire to depose a representative of
Brotherhood Mutual pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure on several
topics and have asked Plaintiff to produce documents related to those topics.
The Court finds that Lappin v. Gwartney, 2001 WL 185167 (D. Kan. Feb. 20, 2001) is on
point to the arguments raised by Plaintiff and supports Plaintiff’s arguments to quash the Notice

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to Take Deposition Duces Tecum filed by Defendants. The Court hereby grants Plaintiff’s
Motion to Quash the Notice on all issues raised in the Notice.
The Court denies Plaintiff’s request for a Protective Order. The Court finds a Protective
Order is unnecessary at this time and would be inappropriate to enter at this stage of the
proceedings.
The Court hereby sustains the Plaintiff Brotherhood Mutual Insurance Company’s
Motion to Quash the Notice to Take Deposition Duces Tecum [Doc. 20.]. The Court denies
Plaintiff’s request for a Protective Order.
IT IS SO ORDERED.
s/ Gerald L. Rushfelt
U. S. Magistrate Judge Gerald L. Rushfelt
Submitted by:

/s/ Curtis O. Roggow
Curtis O. Roggow
KS# 14980
Sean M. Sturdivan
KS# 21286
Sanders Warren & Russell, LLP
40 Corporate Woods, Ste. 1250
9401 Indian Creek Parkway
Overland Park, KS 66210
P: [phone]
F: [phone]
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF
BROTHERHOOD MUTUAL INS. CO.

/s/ Alan R. Pfaff
Alan R. Pfaff
KS #12949
Withers, Gough, Pike, Pfaff & Peterson, LLC
O.W. Garvey Building
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200 W. Douglas, Ste. 1010
Wichita, KS 67202
316-267-1562 / F: 316-303-1018
[e-mail]
ATTORNEYS FOR DEFENDANTS
COMMUNITY CHRISTIAN CHURCH,
BARNHART, CONRADY, EDDINGTON,
BRIGHT, DARBRO, AIKEN, LESTER,
MCHUGH AND MEADOWS

/s/ David M. Mayer
David M. Mayer,
KS#15880
Phillip Reed Martens
MONSEES & MAYER, P.C.
4717 Grand Ave., Ste. 820
Kansas City, MO 64112
816-361-5555 / Fax: [phone]
[e-mail]
[e-mail]
ATTORNEY FOR DEFENDANTS J.J.,
A MINOR, BY AND THROUGH HIS
NATURAL MOTHER A.K. AND A.K., INDIVIDUALLY

/s/ Fred Spigarelli
Fred Spigarelli
KS #07078
Angela Spigarelli
KS #18913
The Spigarelli Law Firm
515 North Broadway
P.O. Box 1449
Pittsburg, KS 66762
[phone] / [phone] FAX
[e-mail]
[e-mail]
ATTORNEY FOR DEFENDANTS M.M.,
A MINOR, BY AND THROUGH HIS
NATURAL MOTHER T.C.

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