Comardelle v. Pennsylvania General Insurance Company et al

Filing 364

Minute Order. Proceedings held before Magistrate Judge Michael North: Motion Hearing held on 10/29/2014 re 335 MOTION to Compel Deposition of Danny Joyce, or, in the Alternative, to Strike Danny Joyce as a Witness, 334 MOTION To Permit Danny Joyce's Deposition to be Taken after the Depositions of GE, Foster Wheeler and CBS, 353 MOTION to Quash 30(b)(6) Deposition, 340 MOTION to Compel 30(b)(6) Deposition of Avondale. (Court Reporter Karen Ibos.) (lag)

MINUTE ENTRY
NORTH, M.J.
OCTOBER 29, 2014

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MICHAEL J. COMARDELLE

CIVIL ACTION

VERSUS

NUMBER: 13-6555

PENNSYLVANIA GENERAL
INSURANCE COMPANY, ET AL.

SECTION: "I"(5)

HEARING ON MOTION
COURT REPORTER: Karen Ibos
APPEARANCES:

John Hainkel, Brian Bossier, Gary Lee, Dylan Wade, Christopher Grace,
Jeffrey Burg

MOTION:
(1) Motion to Permit the Avondale Interests’ Expert Industrial Hygienist, Danny Joyce,
to be Deposed After Defendants Have Complied With Discovery Orders of the Court
(Rec. doc. 334).
(2) Motion to Compel Deposition of Danny Joyce or, in the Alternative, Motion to Strike
Danny Joyce as Witness (Rec. doc. 335).
(3) Motion to Compel Rule 30(b)(6) Deposition of Avondale (Rec. doc. 340).
(4) Avondale’s Motion to Quash and Request for Protective Order (Rec. doc. 353).
:
:
MJSTAR(00:40)

Continued to
No opposition

2, 4 :

Opposition
ORDERED

:

Dismissed as moot.

:

Dismissed for failure of counsel to appear.

:

Granted.

:

Denied.

1-4 :

Other:
1, 2: The parties have agreed to depose Mr. Joyce for a full day on November
6, 2014 but, in any event, the Court hereby orders that the deposition of Mr.
Joyce take place no later than November 14, 2014. The parties have further
agreed to proceed with the deposition of GE on November 3rd, the
deposition of CBS/Westinghouse on November 5th, and the deposition of
Foster Wheeler on November 12th.
3, 4: Avondale is to forthwith provide to Defendants the materials identified
on Exhibit A to Avondale’s opposition to Defendants’ motion to compel. (Rec.
doc. 360-1, pp. 1-2). Thereafter, the deposition of an appropriate Avondale
representative who can speak to case-specific issues is to go forward on
November 13th or 17th (or whatever other date the parties may agree upon
prior to December 5, 2014). Questioning of said deponent(s) by counsel for
Westinghouse/CBS/Foster Wheeler is to be limited to 4 hours on the record.
If they have not already done so, all Defendants that are the subject of
Plaintiffs’ motion to compel (rec. doc. 361) are to provide formal responses
to Plaintiffs’ outstanding written discovery requests no later than October 31,
2014.

MICHAEL B. NORTH
UNITED STATES MAGISTRATE JUDGE
2