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Delgado v. Magical Cruise Co.

Case No. 6:15-cv-2130-Orl-4aTBS (May 30, 2017)

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Delgado v. Magical Cruise Co.

United States District Court for the Middle District of Florida
Case No. 6:15-cv-2130-Orl-4aTBS (May 30, 2017)

  • Written by Tanya Munson, JD

Facts

Jorge Delgado (plaintiff) was a crewmember aboard one of Magical Cruise Co.’s (Magical Cruise) (defendant) ships. During the course of his employment on the ship in April 2014, Delgado suffered a herniated-disc injury. Delgado was medically disembarked and returned to his native country of Peru, where he sought medical treatment. Delgado alleged the injury was a result of Magical Cruise’s negligence and filed suit against Magical Cruise in December 2015. Delgado and Magical Cruise held an initial case management meeting on May 11, 2016. The period discovery deadline was set to expire on June 5, 2017. On May 15, 2017, Delgado noticed his own deposition to occur on May 25, 2017, via Skype. Delgado’s attorney represented that visa difficulties and costs would most likely prevent Delgado from appearing in Florida for trial, so testimony by remote means was essential. Magical Cruise filed a motion for a protective order, a motion to quash, and a motion to compel Delgado to apply for a visa to appear in Florida.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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