Caruso v. Westfield, LLC et al

Filing 22

ORDER ATTACHED denying 21 Motion to Compel and directing the Clerk to send a copy of this order to Dr. Kaszuba in accord with the attached order. Signed by Judge Richard A. Lazzara on 4/14/2017. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MISTY CARUSO,
Plaintiff,
v.

CASE NO. 8:16-cv-349-T-26AAS

WESTFIELD, LLC and
COUNTRYSIDE MALL, LLC,
Defendants.
/

ORDER
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this
case, together with the Defendants’ counsel’s written submissions, it is ORDERED AND
ADJUDGED that the Motion to Compel, to Tax Fees and Costs and/or for an Order to Show
Cause (Dkt. 21) is denied because Defendants’ counsel has failed to establish that Dr. Kaszuba
personally has failed to produce Plaintiff’s medical records or otherwise engaged in
contemptuous conduct. Moreover, any failure to produce Plaintiff’s medical records sought by
Defendants’ counsel from Dr. Kaszuba’s office obviously has not prejudiced the Defendants in
preparing and defending their case because their counsel filed a Joint Proposal for Settlement at
docket 20 the same day he filed the motion which is the subject of this order. However, to the
extent Defendants need Plaintiff’s medical records from the office of Dr. Kaszuba, Plaintiff’s

counsel is directed to intervene with that office in securing those medical records but at
Defendants’ expense.
The Clerk is directed to send a copy of this order to Dr. Kaszuba at his office address of
1803 Briar Creek Boulevard, Safety Harbor, Florida 34695.

DONE AND ORDERED at Tampa, Florida, on April 14, 2017.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record
Dr. Kaszuba

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