CC Metals & Alloys, LLC v. American International Specialty Lines Insurance Company
5:22-cv-00055
W.D. Ky.Jul 2, 2025Background
- The case involves a dispute between CC Metals and Alloys, LLC (Plaintiff) and American International Specialty Lines Insurance Company (Defendant), among others.
- A key legal issue is whether the deposition of Julie Diebenow, Defendant's representative, should proceed given her alleged medical condition.
- Magistrate Judge Lanny King is overseeing pretrial matters, including the question of Diebenow's deposition.
- Defendant submitted unspecified medical documentation under seal claiming Diebenow’s deposition would cause harm, while Plaintiff proposed reasonable accommodations.
- The Court found the provided medical information insufficient to entirely prevent Diebenow’s deposition.
- The Court ordered the parties to continue working on accommodations and to file motions or updates by set deadlines if resolution is not reached.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Diebenow's deposition should be prevented on medical grounds | Reasonable accommodations are possible for deposition | Medical condition justifies barring deposition | Medical evidence insufficient to bar deposition; must proceed with potential accommodations |
Key Cases Cited
- Schorr v. Briarwood Estates Ltd. Partnership, 178 F.R.D. 488 (N.D. Ohio 1998) (moving party must show specific, documented medical harm to prevent deposition)
- Am. Gen. Life Ins. Co. v. Harshman, 299 F.R.D. 157 (E.D. Ky. 2014) (court requires detailed, specific evidence of harm to limit or prevent deposition)
