Abedian v. Mueller, KAG Leasing, Inc., Transport Resources, Inc., KAG Specialty Products Group, LLC, and Yokohama Tire Corporation

Summary

The United States District Court for the Eastern District of Texas denied motions to dismiss and for summary judgment filed by Brian Mueller and KAG Specialty Products Group, LLC in a motor-vehicle-accident case. The court granted Plaintiff Laila Abedian’s motion to quash notices seeking her second deposition, finding that the unilaterally selected deposition date imposed an undue burden.

Holdings

1. The complaint stated plausible claims for relief against Mueller and KAG Specialty, so dismissal under Rule 12(b)(6) was unwarranted.
2. Mueller and KAG Specialty did not demonstrate the absence of a genuine dispute of material fact or entitlement to judgment as a matter of law; their amended motion for summary judgment was denied.
3. The motion to quash was granted because Abedian showed that defendants unilaterally selected the date and time for a second deposition and imposed an undue burden, and defendants did not oppose the motion.

Questions Presented

1. Whether Abedian's Third Amended Petition plausibly stated claims against Mueller and KAG Specialty under Rule 12(b)(6).
2. Whether Mueller and KAG Specialty were entitled to summary judgment on Abedian's negligence, vicarious-liability, negligence, and negligence-per-se claims because no genuine dispute of material fact existed.
3. Whether Abedian showed good cause and a need for protection sufficient to quash notices unilaterally setting her second deposition.

Disposition

other