TFG Life Settlements, LLC v. Centurion Insurance Services Group, LLC et al
Filing
86
ORDER denying as moot 55 Defendant's Motion for Leave to File Supplemental Declaration of Brian J. Schwartz in Support of Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction; granting in part and denying in part [69 ] Plaintiff's Motion to Compel Responses to Document Request for a Further Document Production, and for Sanctions from Defendant Centurion ISG (EUROPE) Ltd.; granting in part and denying in part 72 Defendant's Emergency Motion for Protective Order as To Plaintiff, TFG Life Settlements, LLC's Notice of Deposition Duces Tecum of Bank of Utah. Signed by Magistrate Judge Carol Mirando on 5/26/2016. (ANW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TFG LIFE SETTLEMENTS, LLC, a
Delaware limited liability company
Plaintiff,
v.
Case No: 2:15-cv-755-FtM-38CM
CENTURION ISG (EUROPE)
LIMITED,
Defendant.
ORDER
Before the Court are Defendant's Motion for Leave to File Supplemental
Declaration of Brian J. Schwartz in Support of Defendant's Motion to Dismiss for
Lack of Subject Matter Jurisdiction (“Motion for Leave,” Doc. 55), Plaintiff’s Motion
to Compel Responses to Document Requests for a Further Document Production, and
for Sanctions from Defendant Centurion ISG (EUROPE) Ltd. (“Motion to Compel,”
Doc. 69), and Defendant’s Emergency Motion for Protective Order as To Plaintiff,
TFG Life Settlements, LLC’s Notice of Deposition Duces Tecum of Bank of Utah
(“Motion for Protective Order,” Doc. 72). Defendant filed a supplemental brief on
standing related to the Motion for Protective Order. Doc. 76. Responses were filed
in opposition to each of the above referenced motions.
See Docs. 56, 77, 78.
Defendant filed a reply to the response to the Motion for Protective Order. Doc. 83.
The Court heard extensive argument on the various motions at a hearing on
May 25, 2016. For the reasons stated on the record, the Motion for Leave is denied as
moot, the Motion to Compel is granted in part and denied in part, and the Motion for
protective order is granted in part and denied in part.
During the hearing, the Court took under advisement Plaintiff’s request for
sanctions associated with filing the Motion to Compel. The Court has since reviewed
Plaintiff’s request, and the request will be granted in part.
Plaintiff requests that the Court award sanctions pursuant to Rule 37(a)(5)(A),
Federal Rules of Civil Procedure. Doc. 69 at 23-24. Rule 37(a)(5)(A) states that if a
motion to compel discovery is granted or the discovery is provided after the motion is
filed, the Court must require the party whose conduct necessitated the motion to pay
the movant’s reasonable expenses unless the movant filed the motion before
attempting in good faith to obtain the disclosure, the opposing party’s nondisclosure
was substantially justified, or other circumstances make an award of expenses
unjust. Fed. R. Civ. P. 37(a)(5)(A). Here, because Plaintiff’s motion is granted in
part and denied in part, Rule 37(A)(5)(c) governs the how the Court may award
sanctions in this case. Rule 37(A)(5)(c) permits the Court to apportion reasonable
expenses for the motion when the motion is granted in part and denied in part. Fed.
R. Civ. P. 37(a)(5)(A); See also Emergency Servs. 24, Inc. v. Federated Mutual Ins.
Co., 2011 WL 5360080 * 16 (S.D. Fla. 2011) (holding that each party should bear their
own fees and costs when the motion was granted in part and denied in part and the
opposing party’s objections were substantially justified).
Here, the Court finds that sanctions are warranted but not in the amount
requested by Plaintiff.
Based on the representations to the Court, many of the
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documents provided by Defendant were not provided until after the Motion to Compel
was filed.
The Court also notes, however, that many of Defendant’s objections
related to the overbreadth of Plaintiff’s requests were valid. Accordingly, the Court
finds that sanctions are not warranted in the amount requested by Plaintiff.
Plaintiff requests an award of $6,000.00 in attorney’s fees and costs associated with
bringing this motion. Doc. 69 at 25. The Court finds an award of $3,000.00 to be
reasonable.
ACCORDINGLY, it is hereby
ORDERED:
1.
Defendant's Motion for Leave to File Supplemental Declaration of Brian
J. Schwartz in Support of Defendant's Motion to Dismiss for Lack of Subject Matter
Jurisdiction (Doc. 55) is DENIED as moot.
2.
Plaintiff’s Motion to Compel Responses to Document Request for a
Further Document Production, and for Sanctions from Defendant Centurion ISG
(EUROPE) Ltd. (Doc. 69) is GRANTED in part and DENIED in part.
a. Requests 2, 8, 10, 13, 23, 26, 27 and 30 are GRANTED in part.
i. In response to requests 2 and 13, Defendant is ordered to
produce any documents or things responsive to these requests
from December 3, 2014 through December 3, 2015.
The
production of these documents are subject to attorneys eyes
only.
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ii. In response to requests 8 and 10, Defendant is ordered to
produce any documents or things responsive to these requests
from December 3, 2014 through December 3, 2015.
iii. Request 23 is limited in scope and time to one unrelated
transaction in each of the 3 months before this case was filed.
The production of the documents responsive to request 23 are
subject to attorneys eyes only. The documents responsive to
request 23 may be redacted as to pricing. Any third parties
identified in the documents responsive to request 23 are not to
be deposed without prior Court approval.
iv. In response to requests 26 and 27, Defendant is ordered to
produce any documents or things responsive to these requests
from 2012 when Centurion Europe was formed.
The
production of these documents are subject to attorneys eyes
only.
v. Request 30 is limited in time from December 3, 2014 through
December 3, 2015.
The financial information in the
documents may be redacted.
The other information in the
documents will not be redacted but will be subject to attorney’s
eyes only.
b. Request 11 was RESOLVED.
c. Requests 2, 3, 4, 5, 6, 7, 12, 14, 25, 29 and 31 are DENIED.
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d. Requests 20 and 21 are GRANTED.
e. Request 24 is WITHDRAWN.
f. Requests 15, 19 and 28 are GRANTED to the extent that any
responsive items were not produced.
3.
Defendant shall have up to and including June 15, 2016 to provide the
items responsive to the requests or specifically indicate that all of the items have been
produced or that no items exist that are responsive to the request.
4.
Defendant also has up to and including June 2, 2016 to provide Plaintiff
with an updated privilege log in compliance with Federal Rule of Civil Procedure
26(b)(5).
5.
Defendant’s Emergency Motion for Protective Order as To Plaintiff, TFG
Life Settlements, LLC’s Notice of Deposition Duces Tecum of Bank of Utah (Doc. 72)
is GRANTED in part and DENIED in part. Defendant’s motion is GRANTED with
respect to any documents or questioning after December 3, 2015.
Otherwise,
Defendant’s motion is DENIED.
6.
The parties shall have up to and including June 30, 2016 to complete
the jurisdictional discovery.
7.
Plaintiff’s brief on diversity jurisdiction is due on or before July 14, 2016.
8.
Defendant’s supplemental brief on diversity jurisdiction is due on or
before July 28, 2016.
9.
Defendant’s request that the Declaration of Aaron McKown be stricken
is DENIED.
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10.
Plaintiff’s request for sanctions is GRANTED in part.
Plaintiff is
awarded $3,000.00 in attorney’s fees and costs.
11.
The deadlines in the Case Management and Scheduling Order (Doc. 60)
are STAYED pending the district judge’s ruling concerning the Court’s subject-matter
jurisdiction.
DONE and ORDERED in Fort Myers, Florida on this 26th day of May, 2016.
Copies:
Counsel of record
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