Delgado v. Magical Cruise Company, Limited

2017 U.S. Dist. LEXIS 81943 (May 30, 2017)

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Nature of the Case

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Facts

P served as a crewmember aboard D's ship. P suffered a herniated disk injury as a result of the alleged negligence of D. P was medically disembarked and repatriated to his native country of Peru. P received medical care and treatment provided by D's network of doctors. Dr. Gomez declared that P had reached maximum medical improvement for his injury. P sued D on December 2015. The discovery deadline is set to expire on June 5, 2017, and neither party has taken the deposition of the other. On May 15, 2017, P noticed his own deposition to occur on May 25, 2017 'via Skype.' P served a Notice of Taking Deposition of D's corporate representative, to occur May 30, 2017. D objects to both depositions on various grounds. When asked at the hearing why D did not notice P's deposition, its counsel said D made a 'business decision' to wait until after the April 24, 2017 mediation to determine whether it was necessary to depose P. When P was asked about his own delay in seeking to depose D's corporate representative, his lawyer claimed that defense counsel have 'refused to produce their calendars,' thus forcing him to unilaterally schedule the deposition to occur before the discovery cut-off.