Robertson v. ADA Alliance Data Systems, Inc.

Filing 268

ORDER: Plaintiffs Douglas B. Stalley and Jeremiah Hallback's Motion for Leave to Conduct Discovery Regarding Defendant's New Affirmative Defenses 257 is GRANTED in part as stated herein. Defendant ADS Alliance Data Systems, Inc. is direc ted to notify Plaintiffs Douglas B. Stalley and Jeremiah Hallback before 5:00 p.m. on September 17, 2013, of the identity of the corporate representative to be deposed. The limited discovery period will close on September 27, 2013. Signed by Judge Virginia M. Hernandez Covington on 9/12/2013. (LRM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DOUGLAS B. STALLEY, in his
capacity as Personal Representative
of the Estate of Gary Robertson
and JEREMIAH HALLBACK, individually,
and on behalf of all those similarly
situated,
Plaintiffs,
Case No. 8:11-cv-1652-T-33TBM
v.
ADS ALLIANCE DATA SYSTEMS, INC.,
Defendant.
_________________________________/
ORDER
Now before the Court is Plaintiffs Douglas B. Stalley
and

Jeremiah

Discovery

Hallback’s

Regarding

Motion

Defendant’s

for
New

Leave

to

Conduct

Affirmative

Defenses

(Doc. # 257), filed on September 4, 2013. Defendant ADS
Alliance Data Systems, Inc. responded in opposition to the
Motion

on

September

10,

2013.

(Doc.

#

266).

The

Court

conducted a hearing regarding the Motion on September 12,
2013. (Doc. # 267). For the reasons below, the Court grants
the Motion in part.
Discussion

On September 4, 2013, Stalley and Hallback moved the
Court for leave to conduct discovery regarding ADS’s Tenth
and Eleventh Affirmative Defenses. (Doc. # 257). Stalley
and

Hallback

claim

that

these

Affirmative

Defenses

are

raised for the first time in ADS’s latest Answer (Doc. #
250), and that Stalley and Hallback will be prejudiced if
they are not able to conduct discovery on the new Defenses.
(Doc. # 257 at 1). On September 10, 2013, ADS filed a
Notice with the Court withdrawing the Eleventh Affirmative
Defense. (Doc. # 265).
On September 12, 2013, the Court heard oral argument
regarding
Stalley

Stalley
and

Affirmative
required

and

Hallback’s

Hallback
Defense

regarding

stated

withdrawn
that

Motion.

that
by

with

ADS,

Affirmative

(Doc.

no

the

#

267).

Eleventh

discovery

Defense.

As

to

is
the

Tenth Affirmative Defense, Stalley and Hallback expressed
to the Court that they would like to depose Mr. Michael
Galeano,

Senior

Director

declaration (Doc. # 234)

and
was

Counsel

for

ADS,

whose

filed in support of ADS’s

response to the Third Motion for Class Certification.
After due consideration of the underlying Motion, the
response in opposition to the Motion, and the arguments
heard on September 12, 2013, the Court finds it appropriate
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to

permit

limited

discovery

Affirmative

Defense.

The

regarding

claims

made

in

ADS’s
Mr.

Tenth

Galeano’s

declaration bear on the validity of ADS’s Tenth Affirmative
Defense, and there is

no indication

in the record

that

Stalley and Hallback could have known to depose Mr. Galeano
--

or

any

other

corporate

representative

of

ADS

--

concerning the “good faith reliance” defense now alleged in
ADS’s

Tenth

Affirmative

Defense

before

the

close

of

discovery in February 2013.
Accordingly,

the

Court

grants

Stalley

and

Hallback

leave to depose a corporate representative of ADS regarding
the claims contained in the Tenth Affirmative Defense. ADS
is directed to notify Stalley and Hallback before 5:00 p.m.
on September 17, 2013, of the identity of the corporate
representative

to

be

deposed.

The

discovery

period

will

close on September 27, 2013.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Plaintiffs Douglas B. Stalley and Jeremiah Hallback’s
Motion

for

Leave

to

Conduct

Discovery

Regarding

Defendant’s New Affirmative Defenses (Doc. # 257) is
GRANTED in part as stated herein.

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(2)

Defendant ADS Alliance Data Systems, Inc. is directed
to notify Plaintiffs Douglas B. Stalley and Jeremiah
Hallback before 5:00 p.m. on September 17, 2013, of
the

identity

of

the

corporate

representative

to

be

deposed.
(3)

The limited discovery period will close on September
27, 2013.
DONE and ORDERED in Chambers in Tampa, Florida, this

12th day of June, 2013.

Copies: All Counsel of Record

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