Dunn v. Standard Fire Insurance

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The plaintiff gave notice that, on a certain date in Kingsport, Tennessee, its counsel “ * * * will take the deposition of Mr. Clay Woodman, Senior Claim Representative of the defendant, * * * and a managing agent of such defendant * * *1 "The *32defendant moved the Court to vacate such notice. See Rule 26(c), Federal Rules of Civil Procedure. Such motion has merit.

The defendant urges primarily that Mr. Woodman is not its managing agent.2 “ * * * The determination of whether a particular person is a ‘managing agent’ will be made by the trial court…