United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE
matter is before the Court on Plaintiff's Motion for
Leave to Conduct Additional Discovery [DE 110], filed by
Plaintiff on July 21, 2016. Plaintiff asks the Court to grant
it leave to conduct 13 additional depositions. On August 8,
2016, Defendants filed a response [DE 114] opposing the
Motion, and on August 15, 2016, Plaintiff filed a reply [DE
December 6, 2013, the parties filed a Report of Parties'
26(f) Planning Meeting [DE 25]. In that report, the parties
asked the Court to limit the parties to 8 depositions each.
The Court adopted the parties' proposed discovery report,
but stated that “Depositions maximums will be 16 for
each side.” [DE 26]. The parties apparently believe
that Plaintiff is nonetheless limited to 8 depositions. As a
result, the Court will address the merits of the parties'
asks the Court for leave to conduct 13 additional
depositions. The proposed depositions include parties and
party representatives, as well as individuals who might have
information relevant to this case.
the parties have not stipulated to additional depositions, a
party must obtain leave of Court to conduct additional
depositions. Fed.R.Civ.P. 30(a)(2); Fed.R.Civ.P. 26(b)(2). A
party objecting to a discovery request bears the burden of
showing why the request is improper, McGrath v. Everest
Nat'l Ins. Co., 625 F.Supp.2d 660, 670 (N.D. Ind.
2008), and the Court has broad discretion when deciding
discovery matters. Thermal Design, Inc. v. Am. Soc'y
of Heating, Refrigerating & Air-Conditioning Eng'rs,
Inc., 755 F.3d 832, 837 (7th Cir. 2014); Rennie v.
Dalton, 3 F.3d 1100, 1110 (7th Cir. 1993).
Defendants' objections vary for each potential deponent,
the Court will address each proposed deponent in turn.
Dr. John Cavanaugh and Dr. William Forgey
wishes to depose Dr. William Forgey, who is a party in this
case, and Dr. John Cavanaugh. Defendants do not object to
these depositions. Accordingly, Plaintiff may take the
depositions of Dr. Cavanaugh and Dr. Forgey.
also wishes to depose Tim Todd. However, Mr. Todd died.
Accordingly, Plaintiff's request to depose Mr. Todd is
states it has not confirmed Mr. Todd's death. If
Plaintiff finds that Mr. Todd is in fact alive, it may file