Milestone Condominium Association v. State Farm Fire & Casualty Company et al

Filing 24

ORDER granting Plaintiff's 15 Motion for Protective Order Barring State Farm's Deposition of Keith Soltner, signed by Judge Ricardo S Martinez. (SWT)

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8
9
10
11
12
13

MILESTONE CONDOMINIUM
ASSOCIATION, a Washington nonprofit
corporation,
Plaintiff,

v.

16
17
18
19
20
21
22
23
24
25
26

ORDER GRANTING PLAINTIFF’S
MOTION FOR A PROTECTIVE ORDER
BARRING STATE FARM’S DEPOSITION
OF KEITH SOLTNER

STATE FARM FIRE & CASUALTY
COMPANY, an Illinois Company; and DOE
INSURANCE COMPANIES 1-10,
Defendants.

14
15

Case No. C17-0832 RSM

This matter having come on for hearing before the Honorable Ricardo S. Martinez on
Plaintiff’s Motion for a Protective order Barring or Limiting the Scope of State Farm’s Deposition
of Keith Soltner (Dkt. #15), and the Court having considered:
(1) Plaintiff’s Motion for a Protective Order Barring or Limiting the Scope of State Farm’s
Deposition of Keith Soltner;
(2) Declaration of Justin Sudweeks in Support of Plaintiff’s Motion for a Protective Order
Barring or Limiting the Scope of State Farm’s Deposition of Keith Soltner;
(3) Declaration of Keith Soltner;
(4) State Farm’s Response to Plaintiff’s Motion for Protective Order;
(5) Declaration of Michael S. Rogers in Response to Motion for Protective Order and exhibits
thereto;
(6) Plaintiff Milestone Condominium Association’s Reply Re: Motion for a Protective Order
Barring or Limiting the Scope of State Farm’s Deposition of Keith Soltner; and

ORDER (No. 2:17-cv-00832-RSM) - 1

1
2

(7) Reply Declaration of Justin Sudweeks Re Motion for Protective Order Re Deposition of
Keith Soltner;

3

IT IS SO ORDERED that: The Association’s motion for a protective order (Dkt. #15) is

4

GRANTED for the reasons set forth in Plaintiff’s motion and reply briefs. The Association’s

5

former expert, Keith Soltner, is no longer retained as an expert witness and will not be testifying

6

at trial. State Farm has not demonstrated exceptional circumstances to justify the deposition of

7

Keith Soltner. Thus, pursuant to Fed. R. Civ. P. 26(b)(4)(D), State Farm is not entitled to take

8

Mr. Soltner’s deposition.

9

DATED THIS 17th day of May 2018.

A

10
11

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

ORDER (No. 2:17-cv-00832-RSM) - 2