Stonebreaker

ORDER REGARDING THE PERSON MOST KNOWLEDGEABLE DEPOSITION OF DEFENDANT WESTERN RESERVE INSURANCE COMPANY

On October 11, 2011, the Court held a Discovery Conference in the above-entitled matter. At the Discovery Conference, the Court discussed Plaintiffs Application to Take the Person Most Knowledgeable (hereafter “PMK”) Deposition of Defendant Western Reserve Life Insurance Company (hereafter “WRL”).

Plaintiff seeks to take the PMK deposition of WRL in San Diego in order to oppose WRL’s currently pending motion to dispose of Plaintiffs bad faith claim. WRL opposes Plaintiffs request and insists that the PMK deposition take place in St. Petersburg, Florida, where WRL has its principal place of business.

Plaintiff has not yet served a Notice of PMK deposition on WRL. However, Plaintiff lists the following subjects about which she seeks to depose WRL’s PMK:

1. The investigation regarding Plaintiffs claim;

2. Decisions made regarding Plaintiffs claim;

8. WRL’s policies and procedures, and;

4. Training provided to WRL’s adjusters and representatives, including training regarding California’s insurance laws and regulations.

In the meet and confer process, Plaintiffs counsel…