917 F. Supp. 2d 1242
S.D. Fla.2012Background
- Guest slipped on Carnival Splendor; Coast Guard investigation relevant to incident and discovery issues.
- Defendant Carnival Corp sought protective orders and objected to broad discovery under 46 U.S.C. §6308.
- Parties argued at a September 7, 2012 hearing; agreement narrowed issues for resolution.
- Court considered whether Coast Guard materials, and documents produced to Coast Guard, are discoverable.
- Court ordered production of Coast Guard-related materials and set deposition schedule for corporate witnesses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether protective order precluding Cahill deposition is warranted | Guest seeks Cahill deposition | Cahill deposition unnecessary; prior Rule 30(b)(6) options exist | Granted |
| Scope of 46 U.S.C. § 6308 on discoverability of Coast Guard materials | §6308 does not bar non-Coast Guard documents | §6308 broad; covers Coast Guard materials and related documents | Overruled; §6308 extends to Coast Guard investigative materials; require production of related documents within 7 days |
| Must Defendant produce documents provided to Coast Guard | Documents supplied to Coast Guard are discoverable | Documents are privileged/no discovery due to §6308 | Defendant to produce documents within 7 days; privilege review reserved for in-camera review |
| Deposition logistics for corporate representatives | Depose multiple witnesses; location/method | Operational considerations and availability | As per Agreed Discovery Order: specific witnesses to testify; videoconferencing allowed; other deposits scheduled accordingly |
| Mootness/continuing obligations regarding production requests | Some requests still relevant for production | Some requests moot or already satisfied | Various items denied as moot; others require continued production if found; agreed order governs |
Key Cases Cited
- Bruce Falconer v. Penn Maritime, Inc., 397 F.Supp.2d 68 (D. Me. 2005) (Coast Guard discovery limits under §6308)
- Fromm-Vane v. Lawnwood Med. Ctr., Inc., 995 F.Supp.1471 (S.D. Fla. 1997) (FOIA/discovery interplay; protective orders)