Case Activity (391)

1. Order | Filed: July 21, 2026 | Entered: July 21, 2026 Giannuzzi v. Johnson et al

   P.I.: Other | Florida Southern

   Order on Motion to Preserve Evidence

   PAPERLESS ORDER: This CAUSE comes before the Court on Plaintiff's Motion for Leave to Preserve the Videotaped Trial Testimony of Expert Michael Hodge Pursuant to Federal Rule of Civil Procedure 32(a)(4). 69 . By way of the motion, Plaintiff requests two forms of relief: (1) permission to take a videotaped deposition of Plaintiff's expert, Micheal Hodge, and (2) permission to use the expert's deposition at trial as the deposition of an "unavailable" witness pursuant to Rule 32(a)(4)(B) of the Federal Rules of Civil Procedure, given that the expert resides more than 100 miles from the trial venue. As to request #1, the Court DENIES the motion as MOOT, as the parties advise they already took the expert's deposition on July 14, 2026. As to request #2, the Court declines to issue any ruling as the request concerns a non-discovery matter, namely, the admissibility of evidence at trial. The parties should raise request #2 with the District Judge during the upcoming hearing scheduled for 8/5/2026 at 3:00 PM 74 . The Court notes, however, that Rule 32(a)(4)(B) does not allow a party to use the deposition of an "unavailable" witness where "the witness's absence was procured by the party offering the deposition." Here, Plaintiff voluntarily chose to hire an expert witness who resides more than 100 miles away from the trial. As a general rule, parties who choose to hire such experts cannot claim "unavailability" under Rule 32(a)(4)(B). See Norvilus-Foreste v. Wal-Mart Stores East, LP, 2024 WL 4443202, * 1 (M.D. Fla. June 14, 2024) ("By voluntarily choosing to hire experts located more than 100 miles away, Plaintiff effectively procured their absence."). During the hearing on this motion, Defense counsel also advised she was deprived of an opportunity to cross-examine the expert during the July 14 deposition because the expert announced a "hard stop" and terminated the deposition. If true, the deposition cannot likely be used at trial in lieu of live testimony, at least not in its current form. The parties should raise these issues before the District Judge on 8/5/2026. Signed by Magistrate Judge Ryon M. McCabe on 7/21/2026. (sim)

2. Minutes | Filed: July 21, 2026 | Entered: July 21, 2026 Giannuzzi v. Johnson et al

   P.I.: Other | Florida Southern

   MOTION Hearing or Evidentiary Motion Hearing + MINUTE ORDER (IMPORTANT! select w hrg(s) for AO CREDIT)

   PAPERLESS Minute Order for proceedings held before Magistrate Judge Ryon M. McCabe on 7/21/2026. Total time in court: 8 minutes. Attorney Appearance(s): Rebeca Martinez, Aparna Pujar, Katherine Box. (Digital Zoom: 2:00 pm). (sim)

3. 389 additional result(s)