SOUTHWEST FLORIDA VETERINARY SPECIALISTS INCORPORATED
v.
PETVET CARE CENTERS (FLORIDA), LLC

M.D. Fla. | 2024-03-26
No. 2:22-cv-539
District Court, M.D. Florida (2024)

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Holding

The court granted in part and denied in part plaintiffs' three motions to compel discovery and denied plaintiffs' request for fees and costs.


Facts & Procedural History

Plaintiffs filed three separate motions to compel discovery against the defendant. The court reviewed the motions, briefing, and heard oral argument.…

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Opinion of the Court

This matter was before the Court for oral argument on three discovery motions: (i) Plaintiffs' Motion to Compel Relating to First Request for Production and Memorandum of Law (Doc. 85); (ii) Plaintiffs' Motion to Compel Relating to Second Request for Production and Memorandum of Law (Doc. 86); and (iii) Plaintiffs' Motion to Compel Relating to Third Request for Production and Memorandum of Law (Doc. 93). Having reviewed the briefing, and for the reasons stated on the record, the Court

1. GRANTS IN PART AND DENIES IN PART Plaintiffs' Motion

to Compel Relating to First Request for Production and Memorandum of Law (Doc. 85):

2.

a. Plaintiffs' motion directed at Request No. 5 is granted. Defendants shall produce responsive documents, to the extent any additional remand, within fourteen days.

b. Plaintiffs' motion directed at Request No. 8 is granted. Defendants shall produce responsive documents, to the extent any additional remand, within fourteen days.

c. Plaintiffs' motion directed at Request No. 11 is granted in part

d. Plaintiffs' motion directed at Request No. 12 is granted in part

e. Plaintiffs' motion directed at Request No. 13 is granted in part

f. Plaintiffs' motion directed at Request No. 14 is denied.

GRANTS IN PART AND DENIES IN PART Plaintiffs' Motion to Compel Relating to Second Request for Production and Memorandum of Law (Doc. 86):

a. Plaintiffs' motion directed at Request No. 1 is denied.

b. Plaintiffs' motion directed at Request No. 2 is denied.

3.

c. Plaintiffs' motion directed at Request No. 3 is denied.

d. Plaintiffs' motion directed at Request No. 4 is denied.

e. Plaintiffs' motion directed at Request No. 5 is denied as moot since the request was withdrawn.

f. Plaintiffs' motion directed at Request No. 6 is denied as moot since the request was withdrawn.

GRANTS IN PART AND DENIES IN PART Plaintiffs' Motion to Compel Relating to Third Request for Production and Memorandum of Law (Doc. 93):

4.

a. Plaintiffs' motion directed at Request No. 1 is granted in part produce an updated privilege log within fourteen days.

b. Plaintiffs' motion directed at Request No. 3 is granted in part produce an updated privilege log within fourteen days.

Plaintiffs' request for fees and costs under each motion is denied.

See Fed. R. Civ. P. 37 (a)(5)(C); Wyndham Vacation Ownership, Inc. v. Montgomery L. Firm, LLC, No. 618CV2121ORL37LRH, 2019 WL 5394057, at *5 (M.D. Fla. Mar. 21, 2019).

ORDERED in Fort Myers, Florida on March 26, 2024.

Kyle C. Dudek United States Magistrate Judge

Copies: All Parties of Record

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