Goines v. Lee Memorial Health System et al

Filing 35

ORDER denying without prejudice 32 Motion for Protective Order and denying without prejudice 34 Motion for Leave to Propound Additional Interrogatories to Defendant, Lee Memorial Health System d/b/a Cape Coral Hospital, for failure to comply with the Middle District of Florida Local Rules. See Order for details. Signed by Magistrate Judge Carol Mirando on 5/11/2018. (DRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DONIA GOINES,
Plaintiff,
v.

Case No: 2:17-cv-656-FtM-29CM

LEE MEMORIAL HEALTH
SYSTEM and JEOVANNI
HECHAVARRIA,
Defendants.
ORDER
This matter comes before the Court upon review of Plaintiff's Motion for
Protective Order and Plaintiff’s Motion for Leave to Propound Additional
Interrogatories to Defendant, Lee Memorial Health System d/b/a Cape Coral Hospital
(“Lee Memorial”), both filed on May 9, 2018. Docs. 32, 34. Neither Defendant has
responded as the time to do so has not yet passed. Nevertheless, given the upcoming
scheduled deposition, the Court will expedite the process by denying the motions
without prejudice as they are deficient as a matter of law.
First, neither of Plaintiff’s motions have adequate conference certifications.
Middle District of Florida Local Rule 3.01(g) requires that each motion filed in a civil
case, with certain enumerated exceptions not at issue here, “stat[e] whether counsel
agree on the resolution of the motion,” and further provides that a statement to the
effect that counsel for the moving party attempted to confer with counsel for the
opposing party but counsel was unavailable is “insufficient to satisfy the parties’

obligation to confer.” Further, Local Rule 3.01(g) requires parties to confer with
unrespresented parties as they would counsel. See M.D. Fla. R. 3.01(g); Rigley v.

Livingston Fin. LLC, No. 6:12-cv-617, 2012 WL 12915480, at *1 (M.D. Fla. Dec. 4,
2012). Here, the motion seeking leave to propound additional interrogatories says
Plaintiff’s counsel contacted Lee Memorial’s counsel but “was not provided a
response.” Doc. 34 at 4. Neither motion states whether Plaintiff conferred with
Defendant Jeovanni Hechavarria, RN. Doc. 32 at 4. Plaintiff is not exempted from
conferring with Mr. Hechavarria simply because he has elected to represent himself.
Therefore, both motions will be denied for failure to comply with Local Rule 3.01(g).
Given the seriousness of the allegations in Plaintiff’s Amended Complaint and
in the motion for protective order, the Court directs all of the parties to meaningfully
confer to resolve the issues regarding the scheduled deposition. The Court expects
the parties, and especially counsel, to work together and with Mr. Hechavarria’s
criminal defense counsel to propose specific solutions for the Court’s review in light
of the multiple requested depositions of Plaintiff and the limitations posed by the No
Contact Order in the simultaneous criminal proceeding. Further, to the extent
Plaintiff’s proposed solutions will include the appointment of a special master under
Federal Rule of Civil Procedure 53 to supervise the deposition of Plaintiff, the Court
directs Plaintiff to provide a list of proposed special masters such that Defendants
can respond to the specific proposals.
Second, Plaintiff’s motion for a protective order is essentially devoid of legal
authority.

A motion must include “a concise statement of the precise relief

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requested, a statement of the basis for the request, and a memorandum of legal

authority in support of the request.” M.D. Fla. R. 3.01(a) (emphasis added). Aside
from passing references to Rules 26(c) and 53, Plaintiff’s motion provides no legal
basis for the relief requested. Plaintiff must cite the legal authorities—including
relevant case law—that support each of the requests and proposed solutions in her
amended motion for protective order.
ACCORDINGLY, it is
ORDERED:
1.

Plaintiff’s Motion for Protective Order (Doc. 32) is DENIED without

prejudice.
2.

Plaintiff’s Motion for Leave to Propound Additional Interrogatories to

Defendant, Lee Memorial Health System d/b/a Cape Coral Hospital (Doc. 34) is
DENIED without prejudice.
DONE and ORDERED in Fort Myers, Florida on this 11th day of May, 2018.

Copies:
Counsel of record
Unrepresented parties

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