United States District Court, D. Nebraska
MEMORANDUM AND ORDER
R. ZWART UNITED STATES MAGISTRATE JUDGE
matter is currently before the court on Plaintiff Applied
Underwriter's, Inc.'s motion to compel. (Filing
January 16, 2018, Defendant Top's Personnel, Inc.
(“Top's”) filed a motion for leave to 1)
amend its answer to assert class action counterclaims; and 2)
reopen discovery limited to class certification. (Filing
No. 116). Applied Underwriter's
(“Applied”) opposed the motion. (Filing No.
121). A hearing was held on January 26, 2018, and the
court granted Top's' motion to amend and gave
Top's leave to file an amended answer asserting the class
claims. (Filing Nos. 124 & 127). In its
ruling on the motion to amend, the court reopened discovery
specifically related to the class certification, to commence
when Top's' amended answer was filed of record.
(Filing No. 127).
class certification discovery commenced, Applied served a
Rule 30(b)(6) Notice of Deposition on Top's and
subpoenaed documents and testimony from Top's'
worker's compensation broker, Global Indemnity Insurance
Agency, Inc. (“Global”). Top's and Global
contested the relevancy of some of the deposition topics and
document production requests. The court held a discovery
dispute conference with the parties (Filing No. 192), after
which the discovery issues remained unresolved.
then filed the instant motion to compel, (Filing No.
197), and the court stayed Applied's response to the
class certification motion pending resolution of these
discovery issues, (Filing No. 196). For the following
reasons, the motion will be granted in part and denied in
part, as follows.
motion to compel requests the following relief:
Defendant/Counterclaim Plaintiff Top's Personnel, Inc.
(“Top's”) shall produce a witness to provide
deposition testimony on all topics listed in the Notice of
Rule 30(b)(6) Deposition of Top's dated March 21, 2018
(the “Notice”), including but not limited to
topics Nos. 4-7 listed in the Notice that Top's has
objected to as irrelevant and for which Top's refuses to
produce a testifying witness;
Nonparty Global Indemnity Insurance Agency, Inc.
“(Global, ” which is the workers'
compensation insurance broker for Top's), shall produce a
witness to provide deposition testimony on all topics listed
in the Subpoena to testify at a deposition in a civil action
and to produce documents, dated March 20, 2018, that was
served on Global (the “Subpoena”), including but
not limited to topics listed in the Subpoena as Nos. 3-4 that
Global and Top's object to as irrelevant and for which
Global refuses to produce a testifying witness; and
Global shall produce all documents sought by the Subpoena,
including but not limited to the documents sought in Request
Nos. 3-4 listed in the Subpoena that Global objects to
producing and has not produced.
(Filing No. 197 at CM/ECF p. 1-2).
30(b)(6) Deposition Notice Directed at Defendant Top's
indicated above, Top's has not produced a deponent in
response to Applied's March 2018 Notice of Rule 30(b)(6)
Deposition. Specifically, Top's contests the relevancy of
four requested deposition topics:
4. The Company's [Top's'] history, process,
procedure, and practice of considering and selecting
workers' compensation insurance coverage before, during,