Searcy v. Esurance Insurance Company

Filing 63

ORDER Granting Defendant's 59 Emergency Motion for Leave to Notice Second Deposition of Plaintiff. The hearing on the 59 motion scheduled for 03/14/2016 at 11:00 a.m. before Magistrate Judge Nancy J. Koppe has been Vacated. Signed by Magistrate Judge Nancy J. Koppe on 03/08/2016. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROSALIND SEARCY,
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Plaintiff(s),
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v.
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ESURANCE INSURANCE COMPANY,
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Defendant(s).
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Case No. 2:15-cv-00047-APG-NJK
ORDER
(Docket No. 59)

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Pending before the Court is a motion for leave for a second deposition of Plaintiff, filed on an

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emergency basis. Docket No. 59. The Court ordered a shortened briefing schedule. Docket No. 60.

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Plaintiff filed a response in opposition, and Defendant filed a reply. Docket Nos. 61, 62. The Court finds

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the motion properly decided without a hearing, see Local Rule 78-2, and hereby VACATES the hearing

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set for March 14, 2016. For the reasons discussed more fully below, the motion is hereby GRANTED.

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Pursuant to Rule 30(a)(2)(A)(ii), a party must obtain leave of court before deposing a person that

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has already given a deposition in the case. “The propriety of deposing someone a second time addresses

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the discretion of the court. The court will generally not require a deponent to appear for a second

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deposition absent some showing of a need or good reason for doing so.” Cuthbertson v. Excel Indus.,

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Inc., 179 F.R.D. 599, 604 (D. Kan. 1998). Good cause for a second deposition may exist when, inter

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alia, new claims or defenses have been added, new parties have been added, or new documents have

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been produced. See, e.g., Kress v. Price Waterhouse Coopers, 2011 WL 5241852, *1 (E.D. Cal. Nov.

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1, 2011).

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Defendant argues that sufficient justification exists for a second deposition of Plaintiff because

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she filed an amended complaint after her first deposition that included substantially more factual

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allegations than were included previously. See, e.g., Docket No. 59 at 3. Plaintiff responds that

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Defendant was aware of all of these factual issues because they were all discernible from documents in

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Defendant’s possession. Docket No. 61 at 2. Defendant has the better argument. Plaintiff’s amended

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complaint is substantially more detailed than her initial complaint, and the addition of these new

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allegations into the operative pleading is sufficient cause in this case to allow a second deposition of

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Plaintiff.

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Accordingly, for good cause shown, the motion for leave for a second deposition of Plaintiff is
GRANTED.

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IT IS SO ORDERED.

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DATED: March 8, 2016

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______________________________________
___________________________
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Nancy J. Koppe
cy J. Koppe
y
ppe
pp
pp
United States Magistrate Judge
Magistrate
e
ed
i t

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