Dennis v. Carson Smithfield, LLC

Filing 17

ORDER granting 13 Motion for Discovery. Signed by Magistrate Judge Amanda Arnold Sansone on 10/18/2017. (DMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
COLLEEN DENNIS,
Plaintiff,
v.

Case No.: 8:17-cv-2022-T-36AAS

CARSON SMITHFIELD, LLC,
Defendant.
______________________________________/
ORDER
Before the Court is Plaintiff Colleen Dennis’s (“Plaintiff’s”) and Defendant Carson
Smithfield, LLC, (“Defendant’s”) Joint Stipulation for Leave to Serve Plaintiff’s Subpoena on
MetroPCS Prior to Case Management Conference. (Doc. 13).
Discovery is usually barred before the parties meet for a conference pursuant to Rule 26(f),
Fed. R. Civ. P. See Fed. R. Civ. P. 26(d)(1) (“A party may not seek discovery from any source
before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from
initial disclosure under Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or by
court order.”). However, for good cause, the Court may allow early discovery. Hospitalists Mgmt.
Grp., LLC v. Florida Med. Affiliates, Inc., No. 2:14–CV–242–FtM–38DNF, 2014 WL 2565675,
at *1 (M.D. Fla. June 6, 2014). Good cause exists when the parties establish “a clear connection
between the discovery sought and the alleged potential harm.” See Charles Schwab & Co., Inc. v.
McMurry, No. 2:08-CV-534-FtM-29SPC, 2008 WL 11334541, at *2 (M.D. Fla. July 14, 2008).
The parties agree that service of Plaintiff’s Subpoena on Metro PCS to obtain her own
phone records prior to the Case Management Conference would assist the parties’ evaluation of

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the case. (Doc. 13 at 2). Access to the Plaintiff’s phone records go to the heart of Plaintiff’s claims
against Defendant for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. §
227, where Defendant is alleged to have made numerous phone calls to Plaintiff’s cellphone
despite Plaintiff’s request that Defendant cease such phone calls. (See Doc. 1).
Upon consideration, the Court finds the parties have demonstrated the requisite good cause
to serve the requested subpoena on Metro PCS. Accordingly, it is ORDERED that the Joint
Stipulation for Leave to Serve Plaintiff’s Subpoena on MetroPCS Prior to Case Management
Conference (Doc. 13) is GRANTED.
DONE AND ORDERED in Tampa, Florida on this 18th day of October, 2017.

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