Brotherhood Mutual Insurance Company v. T.C. et al
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
M.M., a minor by and through his natural
J.J., a minor by and through his natural
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
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
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
/s/ Curtis O. Roggow
Curtis O. Roggow
Sean M. Sturdivan
Sanders Warren & Russell, LLP
40 Corporate Woods, Ste. 1250
9401 Indian Creek Parkway
Overland Park, KS 66210
P: (913) 234-6100
F: (913) 234-6199
ATTORNEYS FOR PLAINTIFF
BROTHERHOOD MUTUAL INS. CO.
/s/ Alan R. Pfaff
Alan R. Pfaff
Withers, Gough, Pike, Pfaff & Peterson, LLC
O.W. Garvey Building
200 W. Douglas, Ste. 1010
Wichita, KS 67202
316-267-1562 / F: 316-303-1018
ATTORNEYS FOR DEFENDANTS
COMMUNITY CHRISTIAN CHURCH,
BARNHART, CONRADY, EDDINGTON,
BRIGHT, DARBRO, AIKEN, LESTER,
MCHUGH AND MEADOWS
/s/ David M. Mayer
David M. Mayer,
Phillip Reed Martens
MONSEES & MAYER, P.C.
4717 Grand Ave., Ste. 820
Kansas City, MO 64112
816-361-5555 / Fax: 816-361-5577
ATTORNEY FOR DEFENDANTS J.J.,
A MINOR, BY AND THROUGH HIS
NATURAL MOTHER A.K. AND A.K., INDIVIDUALLY
/s/ Fred Spigarelli
The Spigarelli Law Firm
515 North Broadway
P.O. Box 1449
Pittsburg, KS 66762
(620) 231-1290 / (620) 232-6650 FAX
ATTORNEY FOR DEFENDANTS M.M.,
A MINOR, BY AND THROUGH HIS
NATURAL MOTHER T.C.
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