Aspen American Insurance v. Landstar Ranger, Inc.
3:24-cv-00721
M.D. Fla.May 28, 2025Background
- Landstar Ranger, Inc. (Defendant) filed a motion to compel three depositions to occur on June 2, 2025, in a dispute with Aspen American Insurance Company (Plaintiff).
- Defendant failed to comply with Local Rule 3.01(g), which requires parties to properly confer before filing certain motions.
- Defendant first sought to coordinate deposition dates only 14 days before the close of discovery, sending a scheduling email on May 19, 2025.
- Plaintiff noticed its own depositions on June 2, 2025, shortly after Defendant’s email, which caused overlapping/competing scheduling.
- Defendant then unilaterally noticed depositions for June 2, 2025, on May 22, which did not provide the required 14 days’ notice under Local Rule 3.04.
- The Court ruled without requiring a response due to the time-sensitive nature but found the motion deficient both procedurally and substantively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of conferral under Local Rule 3.01(g) | Defendant did not properly confer | Emails met the conferral requirement | Defendant failed to properly confer |
| Compliance with 14-day notice requirement for depositions | Plaintiff’s notices complied with the rule | Defendant’s May 22 notice was sufficient as 14 days | Defendant’s notice was only 11 days before the deposition; insufficient notice |
| Scheduling coordination and professional conduct | Both parties could have acted professionally | Plaintiff did not cooperate in scheduling | Defendant’s failure to coordinate did not excuse rule violations |
| Time sensitivity designation of the motion | No specific argument | No specific argument | Motion not designated time-sensitive, but addressed expeditiously by Court |
Key Cases Cited
- None. (No cases with official reporter citations suitable for bluebook hyperlinking were cited in the opinion.)
