![]() 61 (the "Motion for Leave"), which Senior United States District Judge Sidney A. Fitzwater has referred to the undersigned United States magistrate judge for a hearing, if necessary, and for determination under 28 U.S.C. 63.ĭefendants John Vincent Zipper, Paula M Harrison, Atlas Anesthesia Associates, P.A. ("AAAP"), and Texas Institute for Surgery, L.L.P. ("TIFS") have each filed a response, see Dkt. 66, 67, 68, & 69, and Zenith filed a reply, see Dkt. 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. His is a medical malpractice case involving four defendants. The action relates to a 36-year old patient who now requires lifetime care after suffering permanent brain injuries during a routine ankle surgery. As a result of the defendants' negligence, plaintiff alleges economic damages greater than $13,000,000. More than 120 witnesses have been identified in defendants' initial disclosures. 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. As a result, plaintiff seeks the Court's permission to take more than 10 depositions. Plaintiff has already taken two depositions. Two more depositions have been noticed by plaintiff, but not yet taken. Plaintiff wishes to depose an additional 20 non-expert witnesses, for a total of 24 depositions altogether. The witnesses to be deposed, and the reasons for each deposition, are identified in Table A (Pl. Each deposition is necessary, and the depositions are not expected to be cumulative or duplicative.
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