Magistrate Judge Vera M. Scanlon
Dall rented a boat mooring from MDM, which operates the Bayside Marina. On July 5, 2012, Cera visited Bayside Marina as Dall’s guest and spent time on his boat. She was hurt after boarding MDM’s motor launch—which transports boaters between moorings and the marina’s dock—from Dall’s boat. After learning of Cera’s allegations, Resnick, a claims specialist at MDM’s insurer, obtained statements from Dall and MDM’s employee Pesa “in anticipation of likely litigation.” Under 46 USC §30501 et seq., MDM sought exoneration from or limitation of liability as to Cera’s injuries. The court denied Dall’s and Cera’s motion to compel production of the statements taken by Resnick. MDM showed the statements to be privileged work-product. Resnick based his decision to take the statements on his review of the case, conversations with MDM, the fact that Cera had retained counsel, his opinion as to MDM’s liability, and his opinion that because it was a maritime claim, boat owner Dall was likely to file an action for exoneration. Further, Cera did not show a “substantial need” for the witness statements. Dall and Pesa are available and will be deposed. Also, their statements were not contemporaneous to the incident underlying Cera’s alleged injury.
