WARRINGTON
v.
PATEL
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The court denied the motion to quash as moot because the deposition date had already passed.
Plaintiff sought a protective order to quash the deposition of his attorney, filed the day before the scheduled deposition and after business hours. T…
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Plaintiff Brad Warrington seeks a protective order to quash the deposition of his attorney, Francis Caruso. (Doc. 340.) The substance of Warrington's motion is commonplace, but it's timing is not. He sought relief the day before the deposition was scheduled. To make matters worse, he filed the motion after hours (5:39 PM) and never alerted the Court about the timesensitive nature of the relief needed. (See Doc. 3 at 4-5.) So by the time the motion hit the Court's radar, there were only a few hours left to review its substance, research the issues, and prepare an order. This is a Court of law, not magic.
Turning to the merits, the Court need not spend long. The "deposition date as contained in the [subpoena] has already passed," leaving the motion moot. Courtyards of Broward Condo. Ass'n, Inc. v. QBE Ins. Corp., No. 07-60168-CIV, 2007 WL 9700820, at *4 (S.D. Fla. Nov. 1, 2007); see also
Am. Fam. Ins. Co. v. Almassud, No. 1:16-CV-4023-RWS, 2018 WL 11440985, at *6 (N.D. Ga. Feb. 16, 2018).
As the parties have been advised during the many discovery hearings, the Court will endeavor to keep things moving. But the parties must do their part to present any disputes in a timely manner. The Court cannot simply snap its fingers and produce a reasoned decision. It is thus ORDERED:
1. Plaintiff's and Francis Caruso, Esq.'s Joint Motion to Quash and for Protective Order (Doc. 340) is DENIED AS MOOT.
ENTERED in Fort Myers, Florida on April 11, 2025.
Kyle C. Dudek United States Magistrate Judge
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Warrington v. Patel, 2007 WL 9700820 (M.D. Fla. 2025)…t magic. Turning to the merits, the Court need not spend long. The “deposition date as contained in the [subpoena] has already passed,” leaving the motion moot. Courtyards of Broward Condo. Ass’n, Inc. v. QBE Ins. Corp., No. 07-60168-CIV, 2007 WL 9700820, at *4 (S.D. Fla. Nov. 1, 2007); see also Am. Fam. Ins. Co. v. Almassud, No. 1:16-CV-4023-RWS, 2018 WL 11440985, at *6 (N.D. Ga. Feb. 16, 2018). As the parties have been advised during the many discovery hearings, the Court will endeavor…
Authorities Cited
- Warrington v. Patel, 2007 WL 9700820 (M.D. Fla. 2025)