Miles et al v. Federal Insurance Company et al
Filing
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OPINION & ORDER: Plaintiff's 19 Motion for Discovery and 21 Motion for Hearing are DENIED. Signed by Judge Karen K. Caldwell on 7/21/2016. (STC)cc: COR Modified on 7/21/2016 (STC).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
AT LEXINGTON
HAROLD MILES, Personally and as
Administrator for the Estate of TERRY
MILES
CIVIL ACTION NO. 5:16-cv-00015-KKC
Plaintiff,
V.
OPINION AND ORDER
FEDERAL INSURANCE COMPANY,
Defendant.
*** *** ***
This matter is before the Court on Plaintiff Harold Miles’ (“Miles”) Motion for Leave
to Conduct Discovery [DE 19] and Motion to Set a Hearing Date. [DE 21.] Defendant
Federal Insurance Company (“Federal”) has opposed both motions.
Miles seeks to depose Scott County Coroner John Goble. [DE 19-1 at 1.] He alleges
that this deposition is necessary because “[w]hen it denied the claim, Federal
misrepresented that a ‘conversation’ had occurred between Coroner John Goble and
adjuster Greg Jardick in which Goble opined that the death was a suicide. However, this
did not occur.” [DE 19-1 at 1.] Miles claims that Mr. Goble “never told anyone, including
Federal, the death was a suicide” and believes it is necessary to conduct a deposition to
elicit testimony to that effect. [DE 19-1 at 2.] Miles also seeks a hearing regarding his
discovery request. [DE 21.]
In response, Federal asserts that Miles is attempting to conduct discovery on a
dispute that does not exist. [DE 22 at 2.] Federal maintains that it never asserted that the
decedent’s death was a suicide, and avers that “Goble never offered any such opinion.” [DE
22 at 2.] Thus, Federal has unequivocally stated in the Record that Coroner John Goble did
not opine that the death was a suicide.
Under these circumstances, there is no dispute about what John Goble stated
regarding the death. Federal readily agrees that Mr. Goble never stated the death was a
suicide. Federal has admitted what Miles seeks to prove through discovery. Without an
actual dispute as to Mr. Globe’s statements, no deposition is required. Accordingly,
Plaintiff’s Motion for Leave to Conduct Discovery [DE 19] and Motion to Set a Hearing Date
[DE 21] are DENIED.
Dated July 21, 2016.
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