TECHTRONIC INDUSTRIES COMPANY LIMITED
v.
BONILLA
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In a civil action, the District Court granted plaintiff Techtronic Industries' motion to compel discovery from defendant Bonilla, requiring the defendant to provide verified responses to interrogatories, reproduce documents with metadata, supplement a privilege log, and produce financial documents relevant to a claimed request for punitive damages.
The court granted the motion to compel and ordered: (1) defendant to certify completion of interrogatory responses or provide supplemental responses within 14 days; (2) reproduction of all documents with metadata within 14 days; (3) supplementation of the privilege log within 20 days; and (4) production of documents responsive to Requests for Production 39, 45, 46, 47, and 48 within 45 days, finding that a properly pleaded request for punitive damages entitles plaintiff to discovery of defendant's financial worth.
[1] A party may be compelled to provide supplemental responses to interrogatories if initial responses are incomplete.
[2] A party must reproduce previously produced documents with accompanying metadata.
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Join FLexlaw to unlock all legal intelligence“The Court finds that as Plaintiffs have properly plead a request for punitive damages, Plaintiffs are entitled to discovery of Defendant's financial worth at this time.”
Establishes the legal basis for compelling production of financial documents when punitive damages are pleaded
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Join FLexlaw to unlock all legal intelligencePlaintiff Techtronic Industries sought discovery from defendant Victor Bonilla through interrogatories and requests for production of documents. Defen…
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This cause comes before the Court upon Plaintiffs' Expedited Motion to Compel the Production of Documents from Defendant (Doc. 75) and Defendant's Memorandum in Opposition (Doc. 80). By the Motion, Plaintiffs seek verified and complete responses to Plaintiffs' Interrogatories, the production of documents responsive to Plaintiffs' Requests for Production, and an updated privilege log. The Court held a hearing on the matter on August 6, 2024. (Doc. 81).
For the reasons stated at the hearing, it is hereby ORDERED:
1. Defendant shall certify that all information responsive to Plaintiffs' Interrogatories has been produced through deposition testimony or notes or shall provide supplemental responses to Defendant's Interrogatories within fourteen (14) days of the entry of this Order.
2. Defendant shall reproduce all documents produced to date with their accompanying metadata within fourteen (14) days of the entry of this Order.
3. Defendant shall supplement its privilege log within twenty (20) days of the entry of this Order.
4. Defendant shall produce all documents responsive to Plaintiffs' Requests for Production 39, 45, 46, 47, and 48 within forty-five (45) days of the entry of this Order. The Court finds that as Plaintiffs have properly plead a request for punitive damages, Plaintiffs are entitled to discovery of Defendant's financial worth at this time. See Hite v. Hill Dermaceuticals, Inc., No. 8:12-CV-2277-T-33AEP, 2013 WL 11088207 (M.D. Fla. Nov. 18, 2013) (finding the requirements of Florida Statutes § 768.72 inapplicable because of the statute's conflict with the Federal Rules of Civil Procedure).
DONE AND ORDERED in Tampa, Florida, on this 6th day of August 2024.
ANTHONY E. PORCELLI United States Magistrate Judge
cc: Counsel of Record