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DeShields v. International Resort Properties

September 15, 2010

LINDA DESHIELDS, PLAINTIFF,
v.
INTERNATIONAL RESORT PROPERTIES, LTD.; MOUNTAIN LAUREL RESORT & SPA; WILLOWBROOK AT LAKE HARMONY; VACATION CHARTER, LTD. AND BAR-U-FARM, INC. DEFENDANTS.



The opinion of the court was delivered by: Judge McClure

MEMORANDUM

Background

On October 30, 2009, plaintiff, Linda DeShields, commenced the instant action by filing a complaint. Defendants are International Resort Properties, Ltd., Mountain Laurel Resort & Spa, Willowbrook at Lake Harmony, Vacation Charter, Ltd. and Bar-U-Farm, Inc. The complaint alleges various tortious claims against defendants. Jurisdiction is asserted based on diversity of citizenship.

On September 9, 2010, defendant Bar-U-Farm filed a Motion for Protective Order requesting the court strike from the document list attached to the notice of deposition a number of paragraphs. (Rec. Doc. No. 29). Because the deposition is scheduled for September 24, 2010, the court expedited disposition of the motion by waiving the supporting brief requirement, and by ordering plaintiff to file an opposing brief by September 14, 2010. (Rec. Doc. No. 31). Plaintiff filed her reply brief on September 13, 2010. (Rec. Doc. No. 32). Thus, the matter is ripe for disposition.

Now, therefore, for the following reasons, we will grant the motion in part and deny it in part, to the extent described in this memorandum.

Discussion

Federal Rule of Civil Procedure 26(c)(1) states, in relevant part,: A party . . . may move for a protective order in the court where the action is pending. . . The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(A) forbidding the disclosure or discovery;

*****

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

Bar-U-Farms requests the court strike from the document list requests H, N, P, R, T, V, AA, BB, CC, DD, EE and FF. We will go through each in turn. As the instant order is written for the benefit of the parties only, we will not rehash all arguments made by each party.

Request H

Request H asks the deponent to bring "Any and all records as relates to the acquiring horses by the defendant from the years 2001 to the present." We agree with defendant that the only horse relevant to this case is the horse being ridden by DeShields, Jack-In-The-Box. Therefore, we will only order Bar-U-Farm to produce records relating to the acquisition of Jack-In-The-Box only.

Request N

Request N asks the deponent to bring "Any and all records as related to the employment of all individuals, officers and/or owners employed by the Defendant from the year 2001 through the present." Because it seems possible that these records as they relate to Dorene Wehr, Karen Keeth and Beth Hauschild may be relevant, we ...


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