Barbara Penaroque and Antonio Penaroque v. Allstate Fire and Casualty Insurance Company and Daniel Torres

Summary

The court addresses three discovery motions concerning depositions, document production, and sanctions in an insurance action removed from state court. It orders supplemental briefing on whether prior state-court discovery remains effective after removal, whether Federal Rule of Civil Procedure 30 limits renewed depositions, and whether production or sanctions may be compelled based on state-court discovery.

Questions Presented

1. Whether Federal Rule of Civil Procedure 30(a)(2)(A)(ii) limits depositions in federal court when the same deponent was previously deposed in state court before removal.
2. Whether the federal court may compel production or impose sanctions based on written discovery served and answered in state court, particularly when the motion is filed more than two years after the discovery was served.
3. Whether the parties stipulated to renewed depositions and, if Rule 30(a)(2)(A)(ii) applies, whether leave of court is required.

Disposition

other