American Modern Home Insurance Company v. Thomas et al

Filing 104

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff American Modern Home Insurance Company's Motion to Alter/Amend the Court's Order Quashing the Deposition of Carl Welcher 95 is DENIED. Signed by District Judge Catherine D. Perry on 5/22/2017. (CBL)

Case: 4:16-cv-00215-CDP Doc. #: 104 Filed: 05/22/17 Page: 1 of 2 PageID #: 896

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
AMERICAN MODERN HOME
INSURANCE COMPANY,
Plaintiff,
v.
AARON THOMAS, et al.,
Defendants.

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Case No. 4:16 CV 215 CDP

MEMORANDUM AND ORDER
After I granted defendant Aaron and Aimee Thomases' motion to quash the
deposition of Carl Welcher, plaintiff American Modern Home Insurance Company
filed a motion to alter or amend the Order seeking various forms of alternative
relief. I will deny the motion.
When I granted the motion to quash, I stated quite clearly that “the
deposition of Carl Welcher will not go forward.” (Order, ECF #93.) American
Modern Home now seeks clarification asking whether I meant for the deposition to
not go forward only on the day it was originally noticed, that is, March 30, or for it
to not go forward at all. It is clear what I meant by the Order given that I granted
the Thomases' motion to quash, which requested that American Modern Home not
be permitted to depose Welcher on the existing notice or on any amended notice of
deposition. I did not qualify my Order or limit it to a particular time frame.

Case: 4:16-cv-00215-CDP Doc. #: 104 Filed: 05/22/17 Page: 2 of 2 PageID #: 897

American Modern Home's request that I clarify my Order will be denied.
I will also deny American Modern Home's request that I reconsider my
Order or at least set out my reasons for ruling the way I did. I carefully considered
the arguments of the parties on the motion to quash and obviously agreed with the
Thomases' position, or else I would not have granted their motion. I need not state
findings and conclusions when ruling such a motion. Fed. R. Civ. P. 52(a)(3).
American Modern Home has presented nothing to persuade me that my ruling was
incorrect.
Finally, American Modern Home wants to know the extent to which I will
allow it to present evidence and testimony from Welcher at trial. This request is
premature and will not be addressed.
Accordingly,
IT IS HEREBY ORDERED that plaintiff American Modern Home
Insurance Company's Motion to Alter/Amend the Court's Order Quashing the
Deposition of Carl Welcher [95] is DENIED.

_____________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 22nd day of May, 2017.

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