Lancaster et al v. Bottle Club, LLC et al

Middle District of Florida, flmd-8:2017-cv-00634

ORDER granting {{88}} Defendants' Consented Motion to Take Additional Depositions Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A). Signed by Magistrate Judge Julie S. Sneed on 11/22/2017. (LBL)

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PageID 2045 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION AMBER LANCASTER, BRITTANY CRIPLIVER, BROOKE TAYLOR JOHNSON, CIELO JEAN GIBSON, CORA SKINNER, GEMMA LEE FARRELL, HEATHER RAE YOUNG, IRINA VORONINA, JESSE GOLDEN, JESSA HINTON, JOANNA KRUPA, KATARINA VAN DERHAM, MAYSA QUY, PAOLA CANAS, SANDRA VALENCIA, SARA UNDERWOOD, TIFFANY SELBY, TIFFANY TOTH, VIDA GUERRA and KIM COZZENS, Plaintiffs, v. Case No: 8:17-cv-634-T-33JSS ANDREW HARROW, SUSAN HARROW, EYES WIDE SHUT, LLC, BYOB CLUB, INC. and THE BOTTLE CLUB, LLC, Defendants. ___________________________________/ ORDER THIS MATTER is before the Court on Defendants' Consented Motion to Take Additional Depositions Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A) ("Motion"). (Dkt. 88.) The twenty plaintiffs in this case have all agreed to be deposed. (Id. ¶¶ 2–3.) Because deposing all of the plaintiffs exceeds Defendants' allotment of ten depositions, See Fed. R. Civ. P. 30(a)(2)(A)(i), Defendants seek permission to take these twenty depositions. However, because Plaintiffs stipulated to the requested depositions, leave of court is not required. See Jones-Walton v. Villas at Lake Eve Condo. Ass'n, Inc., No. 615CV995ORL22TBS, 2017 WL 1653735, at *1–2 (M.D. Fla. May 2, 2017) ("Federal Rule of Civil Procedure 30(a)(2) provides that a party may not take more than ten depositions absent consent of the other parties or leave of court."); Fed. R. Civ. P. PageID 2046 30(a)(2) advisory committee's note to 1993 amendment (emphasis added) (explaining that Federal Rule of Civil Procedure 30(a)(2) "provides a limit on the number of depositions the parties may take, absent leave of court or stipulation with the other parties," and that "[o]ne aim of this revision is to assure judicial review under the standards stated in Rule 26(b)(2) before any side will be allowed to take more than ten depositions in a case without agreement of the other parties"). Although leave of court is not required given the parties' agreement to the requested depositions, Defendants' Consented Motion to Take Additional Depositions Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A) (Dkt. 88) is nonetheless GRANTED. DONE and ORDERED in Tampa, Florida, on November 22, 2017. Copies furnished to: Counsel of Record -2-