Fiddler's Creek, LLC v. Naples Lending Group LC

Filing 210

ORDER granting in part and denying in part 150 Defendants' Motion to Compel Plaintiff's Production and Complete Response to Portions of Defendants' Third Request for Production; taking under advisement 162 Plaintiff's Re newed Motion to Compel Validated Images of Defendants' ESI Systems; denying 183 Third-Party Defendant William Reagan's Motion for Protective Order and Memorandum of Law; granting in part and denying in part 185 Defendants' Motion to Compel Post-Petition Portions of Defendants' Third RFP and for Rule 37 Sanctions; granting in part 187 Defendants' Motion to Compel Deposition of William Reagan. See Order for details. Signed by Magistrate Judge Carol Mirando on 1/25/2016. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: FIDDLER’S CREEK, LLC
FIDDLER’S CREEK, LLC,
Plaintiff,
v.

Case No: 2:14-cv-379-FtM-29CM

NAPLES LENDING GROUP LC
and DANIEL CARTER,
Defendants/Third
Party Plaintiff
AUBREY FERRAO, ANTHONY
DINARDO and WILLIAM
REAGAN,
Third Party Defendants.
______________________________________/
ORDER
Before the Court are Defendants’ Motion to Compel Plaintiff's Production and
Complete Response to Portions of Defendants’ Third Request for Production [and
Request for Hearing] (“First Motion to Compel,” Doc. 150), Defendants’ Motion to
Compel Post-Petition Portions of Defendants’ Third RFP and for Rule 37 Sanctions
(“Second Motion to Compel,” Doc. 185), Third-Party Defendant William Reagan’s
Motion for Protective Order and Memorandum of Law (“Motion for Protective Order,”
Doc. 183), Defendants’ Response to William Reagan’s Motion for Protective Order and
Motion to Compel Deposition of William Reagan (“Motion to Compel Deposition,” Doc.

187), and Plaintiff’s Renewed Motion to Compel Validated Images of Defendants’ ESI
Systems (“Motion to Compel ESI,” Doc. 162).
The Court heard extensive argument on the various motion at a hearing on
January 21, 2016. For the reasons stated on the record, the First Motion to Compel
is granted in part and denied in part, the Second Motion to Compel is granted in part
and denied in part, the Motion for Protective Order is denied, the Motion to Compel
Deposition is granted in part, and the Motion to Compel ESI is taken under
advisement.
Prior to the hearings, the parties resolved requests 1-38, 41-53, 55-63, 112-115,
and 118(a) of Defendants’ First Motion to Compel. See Docs. 203, 205. Accordingly,
those requests are denied as moot. The Court addressed requests 39, 40 and 54.
The parties also resolved requests 69-70, 79, 88-91, 94, 96- 98, 100-106, 108- 111, 116117, 118(b) in the Second Motion to Compel.

See Docs. 203, 205.

During the

hearing, Defendants withdrew requests 76 and 78. Accordingly, the requests that
have been resolved or withdrawn are denied as moot. The Court addressed requests
64, 65, 66, 67, 68, 71, 72, 73, 74, 75, 77, 80, 81, 82, 83, 84, 85, 86, 87, 92, 93, and 95
during the hearing.
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendants' Motion to Compel Plaintiff's Production and Complete

Response to Portions of Defendants’ Third Request for Production [and Request for
Hearing] (Doc. 150) is GRANTED in part and DENIED in part.

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a. Requests 1-38, 41-53, 55-63, 112-115, and 118(a) are DENIED as
moot.
b. Requests 39 and 40 are DENIED.
c. Request 54 is GRANTED in part. On or before, February 8, 2015, 1
Plaintiff must provide Defendants with calendar entries of Anthony
DiNardo

and

Aubrey

Ferrao

indicating

appointments

with

individuals or entries related to the bankruptcy. The calendar also
must indicate when Anthony DiNardo and Aubrey Ferrao were out
of the office. If there are any redactions, Plaintiff must produce a
log specifying the redactions.
2.

Defendants’ Motion to Compel Post-Petition Portions of Defendants’

Third RFP and for Rule 37 Sanctions (Doc. 185) is GRANTED in part and DENIED
in part.
a. Requests 69-70, 76, 78-79, 88-91, 94, 96- 98, 100-106, 108-111, 116117, 118(b) are DENIED as moot.
b. Requests 64-68, 71-75, and 92 are DENIED.
c. Request 77 is GRANTED. On or before February 8, 2016, Plaintiff
must produce the documents responsive to this requests. Plaintiff,
however, is permitted to redact the price of any Bonds acquired.

The Court did not discuss a deadline with the parties for supplementing the
document production. Should Plaintiff require extra time to produce the requested
documents, the parties are encouraged to work together to agree on an alternative date.
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d. Requests 80-84 are GRANTED in part. On or before, February 8,
2016, Plaintiff must supplement its response to requests 80-84 with
any additional documents from August 29, 2011 through April 25,
2012.
e. Requests 85, 86, 87 and 93 are GRANTED in part. On or before
February 8, 2015, Plaintiff must produce communications between
the attorneys of the entities listed in request 85(iii) – (x) and Mr. Paul
Battista.

Defendants’ request is DENIED as to the remaining

entities. Defendants, however, are permitted to narrow the scope of
their request as it relates to PEPI Capital, L.P. and provide their
narrowed request to Plaintiff on or before close of business January
27, 2016. Plaintiff shall have up to and including February 8, 2016
to respond.
f. Request 95 is GRANTED in part. On or before February 8, 2016,
Plaintiff must produce documents regarding the bankruptcy with
respect to the individuals listed in 95(a) – (z) from February 23, 2010
through April 25, 2012.
g. Defendants’ Motion for Rule 37 Sanctions is DENIED.
3.

Third-Party Defendant William Reagan’s Motion for Protective Order

and Memorandum of Law (Doc. 183) is DENIED.
4.

Defendants’ Response to William Reagan’s Motion for Protective Order

and Motion to Compel Deposition of William Reagan (Doc. 187) is GRANTED in part.

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Third-Party Defendant William Reagan must appear for a deposition on or before
February 29, 2016. The Court will defer ruling on Defendants’ Motion for Sanctions.
Defendants are permitted to file supplemental briefing of no more than five (5) pages
on the Motion for Sanctions on or before January 29, 2015. Third-Party Defendant
William Reagan will have 14 days to respond to any supplemental briefing submitted.
5.

Plaintiff’s Renewed Motion to Compel Validated Images of Defendants’

ESI Systems (Doc. 162) is TAKEN UNDER ADVISEMENT. The parties are directed
to file a Status Report or Proposed Protocol 2 on or before January 29, 2016.
DONE and ORDERED in Fort Myers, Florida on this 25th day of January,
2016.

Copies:
Counsel of record

If the parties are providing a Proposed Protocol, the Court directs the parties to send
a courtesy copy in Microsoft Word format to [e-mail].
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