Cleveland Range, LLC v. Lincoln Fort Wayne Associates, LLC

MAY, Judge.

[1] Cleveland Range, LLC (“Cleveland”) appeals an order permitting Lincoln Fort Wayne Associates, LLC (.“Lincoln”) to depose three of Cleveland’s witnesses even though Lincoln has.not yet initiated litigation. As that order was not an abuse of the trial court’s discretion, we affirm. 1

Facts and Procedural History

[2] Lincoln or its predecessors owned real estate in Allen County that Lincoln sold in May 2013. As a condition of the sale, Lincoln was responsible for conducting an environmental investigation and undertaking remediation. Cleveland or its predecessor leased the property…