Southwest Florida Veterinary Specialists Incorporated et al v. PetVet Care Centers (Florida), LLC

Filing 105

ORDER granting in part and denying in part 85 Sealed Motion ; granting in part and denying in part 86 Sealed Motion ; granting in part and denying in part 93 Plaintiffs' Motion to Compel Relating to Third Request for Production. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 3/26/2024. (CGW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SOUTHWEST FLORIDA
VETERINARY SPECIALISTS
INCORPORATED, WENDY G.
ARSENAULT and MICHAEL J.
ARSENAULT,
Plaintiffs,
v.

Case No.: 2:22-cv-539-JLB-KCD

PETVET CARE CENTERS
(FLORIDA), LLC,
Defendant.
/
ORDER
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):

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
under the parameters ordered at the hearing. Defendant must
produce any responsive documents within thirty days.
d. Plaintiffs’ motion directed at Request No. 12 is granted in part
under the parameters ordered at the hearing. Defendant must
produce any responsive documents within thirty days.
e. Plaintiffs’ motion directed at Request No. 13 is granted in part
under the parameters ordered at the hearing. Defendant must
produce any responsive documents within thirty days.
f. Plaintiffs’ motion directed at Request No. 14 is denied.
2.

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.
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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.
3.

GRANTS IN PART AND DENIES IN PART Plaintiffs’ Motion

to Compel Relating to Third Request for Production and Memorandum of Law
(Doc. 93):
a. Plaintiffs’ motion directed at Request No. 1 is granted in part
under the parameters ordered at the hearing. Defendant must
produce an updated privilege log within fourteen days.
b. Plaintiffs’ motion directed at Request No. 3 is granted in part
under the parameters ordered at the hearing. Defendant must
produce an updated privilege log within fourteen days.
4.

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.

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Copies: All Parties of Record

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