One day at work, she fell and injured her ankle. )ģ6-year old Tyra Price worked at a Dunkin Donuts in Dallas. Each deposition is necessary, and the depositions are not expected to be cumulative or duplicative. The witnesses to be deposed, and the reasons for each deposition, are identified in Table A (Pl. Plaintiff wishes to depose an additional 20 non-expert witnesses, for a total of 24 depositions altogether. Two more depositions have been noticed by plaintiff, but not yet taken. Plaintiff has already taken two depositions. As a result, plaintiff seeks the Court's permission to take more than 10 depositions. at 16-58.) But despite the magnitude of the case and the number of witnesses, defendants have insisted that plaintiff is limited to taking just 10 depositions. More than 120 witnesses have been identified in defendants' initial disclosures. As a result of the defendants' negligence, plaintiff alleges economic damages greater than $13,000,000. The action relates to a 36-year old patient who now requires lifetime care after suffering permanent brain injuries during a routine ankle surgery. His is a medical malpractice case involving four defendants. Backgroundīy way of factual background and procedural background, Zenith explains that 72.įor the reasons and to the extent explained below, the Court GRANTS in part and DENIES in part without prejudice Plaintiff Zenith Insurance Company's Motion for Leave to Take More than Ten (10) Depositions ( Fed. 66, 67, 68, & 69, and Zenith filed a reply, see Dkt. ("TIFS") have each filed a response, see Dkt. ("AAAP"), and Texas Institute for Surgery, L.L.P. 63.ĭefendants John Vincent Zipper, Paula M Harrison, Atlas Anesthesia Associates, P.A. Fitzwater has referred to the undersigned United States magistrate judge for a hearing, if necessary, and for determination under 28 U.S.C. 61 (the "Motion for Leave"), which Senior United States District Judge Sidney A. Plaintiff Zenith Insurance Company ("Zenith") has filed a Motion for Leave to Take More than Ten (10) Depositions ( Fed.
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