ADESSO Homeowners Association et al v. Holder Properties Inc et al

Filing 366

ORDER granting #365 MOTION to Quash Notice of Deposition of Key Construction, Inc. Signed by Honorable Joseph F. Anderson, Jr. on 11/07/2016.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
ADESSO Homeowners’ Association, as
controlled by the Owners since April 23, 2013,
ADESSO Horizontal Property Regime, William
Durkin and Sam Vause, Jr. individually and on
behalf of all others similarly situated and Emad
Tadros, M.D., as Trustee of the Grace Living
Trust as owner of all retail units,
Plaintiffs,
vs.
Holder Properties, Inc.; ADESSO/Columbia,
LLC; Drake/Adesso, LLC; Holder Adesso, LLC,
JRH Adesso, LLC; JRH, LLC; John R. Holder,
Individually; ADESSO Homeowners Association
as controlled by the Developers prior to April 23,
2013; Niles Bolton Associates, Inc.; Browder +
LeGuizamon and Associates, Inc.; Hussey, Gay,
Bell & DeYoung, Inc., Consulting Engineers;
Jordan & Skala Engineers, Inc.; Key
Construction, Inc.; Ace Glass Company, Inc.;
Advanced Door Systems, Inc.; All-South
Electrical Constructors, Inc.; Aquarian Pools of
Columbia, Inc.; Artistic Enterprises, Inc.;
Fernandez Contractors International, Inc. d/b/a
Benzach, Inc.; Commercial Building Services,
Inc.; Capitol City Custom Iron Works & Fence,
LLC; Flooring Services, Inc.; Gill Plumbing
Company; Guardian Fence Suppliers of SC, Inc.;
Hester Drywall, Inc.; Holland Roofing, Inc.; SDI
Solutions, LLC d/b/a I-Sys Corporation; Jamco
Doors; JR Hobbs Co.; Loveless Commercial
Contracting, Inc.; Reliance Interiors, Inc.;
Southern Fireproofing Company, Inc.; Southern
Vistas, Inc.; SRS Concrete Finishing; Stafford
Consulting Engineers, Inc.; Taylor Brothers
Construction Company, Inc.; Winston Steel LLC
d/b/a Winston Steel & Stair Co.; Andersen
Windows, Inc.; Carlisle Construction Materials
Incorporated, Silver Line Building Products,

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Case No. 3:16-cv-710-JFA

ORDER GRANTING DEFENDANT
KEY CONSTRUCTION, INC’S
MOTION TO QUASH NOTICE OF
TAKING DEPOSITION OF KEY
CONSTRUCTION, INC.

LLC; GrayStone of Florida, Inc.; and Dryvit )
Systems, Inc.,
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Defendants.
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Commercial Building Services, Inc.,
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Third-Party Plaintiff, )
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vs.
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Capital Group, LLC and Will Whitaker,
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Third-Party Defendants. )
This matter came before the Court on Defendant Key Construction’s Motion to Quash
Notice of Taking Deposition of Key Construction, Inc. (ECF No. 365). Defendant Commercial
Building Services, Inc. noticed the deposition of the Rule 30(b)(6) designee of Key Construction,
Inc. to occur on November 7, 2016. Defendant Key Construction seeks an order that the noticed
deposition not go forward until such time as the parties reach an impasse on an attempt to provide
the information sought in the deposition notice by other and less costly means.
Upon consideration of this matter and for cause shown, the Motion to Quash the Notice of
Taking of Deposition of Key Construction, Inc. pursuant to Rule 26(c) of the Federal Rules of
Civil Procedure is hereby GRANTED and the within deposition shall not go forward until such
time as the parties reach an impasse on an attempt to provide the information sought in the
deposition notice by other and less costly means.
IT IS SO ORDERED.

November 7, 2016
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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