Baumhoff v. Farmers Insurance Company et al

Filing 37

MEMORANDUM AND ORDER :IT IS HEREBY ORDERED that Defendant Farmers Insurance Companys Motion for Protective Order and to Quash Subpoena referring to the deposition of non-party Teresa Sparks, scheduled for April 20, 2018 (Doc. 34 ) is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall show cause in writing, within seven days of the entry of this order, why the Court should not grant Farmers general Motion for Protective Order and to Quash (Doc. 31 ).. Signed by District Judge John A. Ross on 4/19/18. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DANIEL BAUMHOFF,
Plaintiff,
vs.

FARMERS INSURANCE COMPANY
and
SAFECO INSURANCE COMPANY,
Defendants.

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Case No. 4:17-CV-02539JAR

Memorandum and Order
This matter is before the Court on Defendant Farmers Insurance Company’s (“Farmers”)
two Motions for Protective Order and to Quash Subpoena. (Docs. 31, 34.) In its first motion,
Farmers asks the Court generally to quash all pending discovery and to enter an order staying all
discovery pending the Court’s ruling on Farmer’s motion to dismiss. (Doc. 31.) In its second
motion, Farmers asks the Court specifically to quash the deposition of non-party Teresa Sparks,
scheduled for April 20, 2018. (Doc. 34.)
Upon consideration, the Court will grant Farmers’ second motion and quash the Sparks
deposition without prejudice to being rescheduled at a later date. The Court will also order
Plaintiff to show cause why it should not grant Farmers’ first motion. The Court notes that
currently pending is a motion by Plaintiff for leave to file out of time its answer to Farmers’
counter-claim. (Doc. 23.) The entirety of Plaintiff’s argument is that he “mistak[en]ly failed to
answer.” (Id.) However, the Court also notes that, in addition to failing to file an answer to

Farmers’ counter-claim, Plaintiff apparently failed to timely respond to Farmers’ discovery
requests. (See Doc. 18 at 1 n.1.) The Court wishes to understand the reasons for Plaintiff’s
inaction in more detail that he has so far provided.
Accordingly,
IT IS HEREBY ORDERED that Defendant Farmers Insurance Company’s Motion for
Protective Order and to Quash Subpoena referring to the deposition of non-party Teresa Sparks,
scheduled for April 20, 2018 (Doc. 34) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff shall show cause in writing, within seven
days of the entry of this order, why the Court should not grant Farmer’s general Motion for
Protective Order and to Quash (Doc. 31).

Dated this 19th day of April, 2018.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE