Mazurkiewicz v. Country Mutual Insurance Company et al
MEMORANDUM AND ORDER re: 40 Joint MOTION to Amend/Correct Case Management Order filed by Defendant Safeco Insurance Company of Illinois, 43 IS GRANTED First SEALED MOTION filed by Defendant Safeco Insurance Company of Illinois IS GRANTED. ADR Completion Deadline due by 2/18/2013., ADR Compliance Report Deadline due by 3/4/2013. SEE ORDER FOR FURTHER DEADLINES.. Signed by District Judge Rodney W. Sippel on 1/16/13. (LGK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
COUNTRY MUTUAL INS. CO,
Case No. 4:11CV2089 RWS
MEMORANDUM AND ORDER
This matter is before me on a motion to quash the deposition notice served
on one of defendant Safeco’s employees. This employee suffers from an
extremely serious health condition, and her doctor has testified that she is
incompetent and unable to testify in this case at this time. Despite this
information, plaintiff noticed up this employee’s deposition. This employee is not
a defendant in this case, and she has not been designated as the corporate
designee. Defendant has demonstrated ample cause for quashing this notice of
deposition, so the motion will be granted.
The deposition notice served upon this witness is also improper. Plaintiff
appears to be attempting to force this witness to be designated as defendant’s
corporate designee. Plaintiff does not get to choose the corporate designee;
defendant does. Defendant has offered to produce another employee fact witness
to testify about plaintiff’s claim (and to produce the first employee witness should
her health improve), and of course if plaintiff serves a timely Rule 30(b)(6) notice
of deposition, then defendant will be required to produce corporate designee(s) as
well. But plaintiff cannot attempt to force a fact witness to appear as a corporate
designee, nor can plaintiff require a fact witness to prepare certain topics for
Finally, I have reviewed the joint motion to amend the case management
order. I will grant the motion, and I urge the parties to take mediation seriously, as
this Court does not condone gamesmanship tactics of any kind.
IT IS HEREBY ORDERED that the motion to quash [#43] is granted.
IT IS FURTHER ORDERED that the motion to amend the case
management order [#40] is granted, the case management order previously entered
is amended only as follows, and the following amended schedule shall apply in
this case and will be modified only upon a showing of exceptional circumstances:
Plaintiff shall disclose all expert witnesses and shall provide the
reports required by Rule 26(a)(2), Fed.R.Civ.P., no later than March 15, 2013,
and shall make expert witnesses available for depositions, and have depositions
completed, no later than April 15, 2013.
Defendant shall disclose all expert witnesses and shall provide the
reports required by Rule 26(a)(2), Fed.R.Civ.P., no later than May 15, 2013, and
shall make expert witnesses available for depositions, and have depositions
completed, no later than June 15, 2013.
Requests for physical or mental examinations of parties pursuant to
Rule 35, Fed.R.Civ.P., must be made no later than March 30, 2013, and any exam
must be completed by May 1, 2013.
The reference to alternative dispute resolution shall terminate on
February 18, 2013.
All other deadlines, including the discovery deadline, dispositive motion
deadline, and the trial date, not specifically amended above remain in full
force and effect.
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 16th day of January, 2013.
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