In re Aramark Sports & Entertainment Services, LLC
In re Aramark Sports & Entertainment Services, LLC
Opinion of the Court
MEMORANDUM DECISION AND ORDER
District Judge Tena Campbell referred this case to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. § 636(b)(1)(A).
RELEVANT BACKGROUND
On November 13, 2012, Judge Campbell issued an order and memorandum decision granting Claimants’ motion for leave to amend their answer, claim, and counterclaim to assert a claim for gross negligence and a request for punitive damages against Ara-mark Sports and Entertainment Services, LLC (“Aramark”).
On November 21, 2012, Claimants served written discovery requests on Aramark seeking identification of witnesses and exhibits that Aramark intended to use to support its defenses to Claimants’ claim for gross negligence and request for punitive damages. On December 20, 2012, Aramark responded to those discovery requests, but declined to provide the requested discovery, citing prematurity. Aramark served supplemental disclosures on January 21, 2013. In those supplemental disclosures, Aramark identified multiple new witnesses, including the Deponents. Aramark has indicated that they are seeking to elicit information from the Deponents about customs and practices followed by other boat rental businesses.
On January 22, 2013, Aramark served deposition notices for the Deponents, indicating that the depositions would take place on several days in early February that the parties had previously agreed to hold open for the taking of the depositions of any Aramark witnesses.
ANALYSIS
As indicated above, Claimants’ motion seeks a court order prohibiting the depositions of the Deponents. Claimants advance several arguments in support of their motion. First, Claimants argue that Aramark’s disclosure of the Deponents as witnesses was untimely. Second, Claimants contend that the travel and expense required by the depositions constitutes an undue burden. Third, Claimants assert that Aramark should not be allowed to depose Mr. Dials and that all of the depositions exceed the limited scope of reopened fact discovery ordered by Judge Campbell. Finally, Claimants argue that, in the event their motion is denied, they should be provided with certain information in advance of the Deponents’ depositions. The court will address each argument in turn.
I. Timeliness
Claimants first argue that Aramark’s supplemental disclosures were untimely. Claimants contend that Aramark was required to serve their supplemental disclosures as soon as possible after Judge Campbell’s November 13, 2012 order. Claimants further argue that Aramark failed to provide timely responses to Claimants’ November 21, 2012 discovery requests.
II. Undue Burden
Claimants argue that taking the depositions of Deponents constitutes and undue burden because their counsel will be required to “travel all over the Southwest over a short period of time.”
The court also notes that the depositions have arisen only as a result of the Claimants’ newly asserted claim of gross negligence and request for punitive damages, which required Aramark to seek out these new witnesses. It is disingenuous for Claimants to complain about the natural consequence of that newly asserted claim.
III. Mr. Dials and Scope of Discovery
Claimants argue that the deposition of Mr. Dials should not go forward because his testimony will consist of inadmissible expert testimony and inadmissible hearsay. Claimants also argue that the Deponents’ depositions will exceed the scope of reopened fact discovery because they will likewise consist of inadmissible testimony. Those arguments likewise miss the mark.
The court recognizes that Judge Campbell reopened fact discovery for a limited purpose. However, the motion before the court still relates to discoverability, not admissibility. Unlike the narrower standards governing admissibility, the standard governing discovery is very broad. See Fed.R.Civ.P. 26(b)(1) (providing that “[pjarties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense____ Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.”); see also Gomez v. Martin Marietta Corp., 50 F.3d 1511, 1520 (10th Cir. 1995) (“[T]he scope of discovery under the federal rules is broad and ... ‘discovery is not limited to issues raised by the pleadings, for discovery itself is designed to help define and clarify the issues.’ ” (quoting Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351, 98 S.Ct. 2380, 57 L.Ed.2d 253 (1978))). Under that broad standard, the court concludes that the information sought by way of the Deponents’ depositions, including the deposition of Mr. Dials, is discoverable because it is relevant to Claimants’ claim of gross negligence and request for punitive damages. In reaching that conclusion, the court renders no opinion about whether that information will or will not be admissible. Admissibility determinations will be made, if necessary, by Judge Campbell at the appropriate phase of this case.
Based on the foregoing, the court concludes that Claimants’ arguments with respect Mr. Dials and the scope of discovery are without merit.
IV. Information in Advance of Deponents’ Depositions
Claimants request that, in the event their motion is denied, Aramark be required to provide Claimants with certain information at least three (3) business days before each of the Deponents’ depositions. Specifically,
Claimants’ request is granted, as follows. Because Aramark does not appear to object to providing the second and third categories of information, that information shall be provided in full at least three (3) business days before each of the Deponents’ depositions. With respect to the first category, Aramark contends that there is little, if any, information to provide to Claimants. To the extent that such information exists, Aramark shall provide it to Claimants at least three (3) business days before each of the Deponents’ depositions. To the extent that such information does not exist, Aramark shall, at least three (3) business days before each of the Deponents’ depositions, provide to Claimants a sworn affidavit to that effect.
CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that:
1. Claimants’ motion for a protective order seeking to prohibit the depositions of the Deponents8 is DENIED.
2. Claimants’ request for certain information in advance of the Deponents’ depositions is GRANTED, as detailed above.
IT IS SO ORDERED.
. See docket no. 77.
. See docket no. 200.
. See docket no. 208 at 2-4.
. See docket no. 176.
. See id.
. It appears that Aramark also served deposition notices on numerous other individuals, but since those depositions are not the subject of the motion before the court, they will not be addressed here.
. Docket no. 200 at 6.
. See docket no. 200.
Reference
- Full Case Name
- In re ARAMARK SPORTS AND ENTERTAINMENT SERVICES, LLC, a Delaware limited liability company, as owner of a certain 20' 2007 Baja Islander 202 for exoneration from or limitation of liability
- Cited By
- 1 case
- Status
- Published