Sheffield v. Greene et al

Filing 138

ORDER granting in part and denying in part 135 Motion to extend time. See.pdf order for details. Signed by Magistrate Judge Karla R. Spaulding on 1/19/2018. (Spaulding, Karla)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BERLENA SHEFFIELD,
Plaintiff,
v.

Case No: 6:17-cv-273-Orl-37KRS

RODRIGUEZ GREENE, KAREN
RAINFORD AKINPELU, VICKIE
DYANNE ALVES and CHRISTINA
DALY,
Defendants.

ORDER
This cause came on for consideration without oral argument on the following motion filed
herein:
MOTION:

DEFENDANT, CHRISTINA DALY’S, UNOPPOSED
MOTION FOR ENLARGEMENT OF DEADLINE TO
PRODUCE RESPONSIVE SURVEILLANCE VIDEOS (Doc.
No. 135)

FILED:

January 18, 2018

THEREON it is ORDERED that the motion is GRANTED in part and
DENIED in part.
The forensic expert has provided an affidavit detailing the ongoing problems with recovering
surveillance video from the four DVR devices. These problems arise from FDJJ failing to properly
preserve the DVR devices by keeping them connected to a power source.

Nevertheless, the Court

will extend the deadline to continue attempts to recover surveillance video stored on the DVR
devices to February 2, 2018.

The deadline to produce duplicate copies of the surveillance videos is not extended because
FDJJ has not provided sufficient information to establish why those copies of surveillance videos
cannot be disclosed today in the exercise of due diligence, as required by the earlier Court order.
Finally, there is no indication in the notices of partial compliance whether FDJJ asserted any
privilege to any of the surveillance videos produced. If privilege logs were not provided with the
surveillance videos that have been produced, any claim of privilege or protection has been waived.
If privilege logs were served, it is ORDERED that FDJJ must file a motion for the Court to resolve
any claims of privilege or protection to which Plaintiff objects on or before January 24, 2018. As
the party asserting privilege and protections, FDJJ has the burden of supporting those assertions
with evidence and legal authority. See Standing Order on Privilege Logs, www.flmd.uscourts.gov
– Judicial Info – Orlando Judges – Magistrate Judge Spaulding – Standing Orders.
This order, and the pendency of any discovery related motions (including motions for
sanctions), does not extend any other dates in the Case Management and Scheduling Order,
including the deadline for filing summary judgment and Daubert motions. FJDD may not rely on
surveillance videos produced after the close of discovery, December 29, 2017, in support of
dispositive motions or responses thereto except by leave of Court.
DONE and ORDERED in Orlando, Florida on January 19, 2018.

Karla R. Spaulding
KARLA R. SPAULDING
UNITED STATES MAGISTRATE JUDGE

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