Gulf Bay Capital, Inc. v. Textron Financial Corporation

Filing 39

ORDER granting in part 29 Plaintiff's Motion to Compel Production of Documents by Defendant. See Order for details. Signed by Magistrate Judge Carol Mirando on 7/17/2015. (ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GULF BAY CAPITAL, INC.,
Plaintiff,
v.

Case No: 2:14-cv-209-FtM-29CM

TEXTRON FINANCIAL
CORPORATION,
Defendant.
ORDER
Before the Court is Plaintiff’s Motion to Compel Production of Documents by
Defendant (Doc. 29), filed on May 7, 2015. Plaintiff seeks to compel production of
documents responsive to its Requests for Production numbered 5-8.

Defendant

objects to production on grounds that the information requested is neither relevant
nor reasonably calculated to lead to discovery of admissible evidence, and even if the
information is found to be relevant, producing the documents and information
requested would subject Defendant to unreasonable burden.
The undersigned held a telephonic hearing on Plaintiff’s motion on July 16,
2015. Doc. 38. For the reasons stated on the record, the Court overrules in part
Defendant’s objection as to relevance of the requested information.

Plaintiff’s

motion will be granted in part, to the extent that the Court finds that at least some
of the requested information is relevant to Plaintiff’s claims as set forth in the
Complaint. Based on the limited information available to both the Court and the
parties at this time, the Court makes no finding as to the scope of Plaintiff’s requests.

Instead, Defendant has agreed to provide a summary of the requested information
for Plaintiff’s review. Following Defendant’s provision of the summary, the parties
have agreed to confer and establish a mutually agreeable discovery plan and
production schedule, which the Court hopes will allow the parties to narrow the scope,
if necessary, without further judicial intervention.

Should the parties require

additional assistance, they may file an appropriate motion with the Court.
ACCORDINGLY, it is hereby
ORDERED:
Plaintiff’s Motion to Compel Production of Documents by Defendant (Doc. 29)
is GRANTED in part. Production of the requested material initially will be limited
as stated on the record and accomplished according to a schedule agreed upon by the
parties within the discovery period established by the Case Management and
Scheduling Order (Doc. 15).
DONE and ORDERED in Fort Myers, Florida on this 17th day of July, 2015.

Copies:
Counsel of record

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