Scrap King LLC v. Stericycle, Inc.

Filing 54

ORDER granting in part and denying in part 41 Motion to Compel Production of Documents. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 4/23/2019. (VIV)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

SCRAP KING LLC,
Plaintiff/Counterclaim-Defendant,
v.

Case No. 8:18-cv-733-T-35AEP

STERICYCLE, INC.,
Defendant/Counterclaim-Plaintiff
/
ORDER
This cause is before the Court upon Plaintiff’s Motion to Compel Production of
Documents (Doc. 41) and Defendant’s Response in Opposition (Doc. 48). For the reasons stated
at the hearing held before the Court on April 22, 2019, Plaintiff’s Motion is GRANTED IN
PART and DENIED IN PART, to the extent that:
1. Plaintiff may obtain discovery from the Defendant, whether in the form of
production requests, depositions, or interrogatories, limited and narrowly
tailored as to the Defendant’s e-mail and records (e.g. manifests) retention
policies.
2. Plaintiff’s Request for Production No. 13 is GRANTED to the extent that
upon a request from Plaintiff based upon a manifest in Plaintiff’s possession
the Defendant shall produce the name of the customer associated with the
manifest, along with the retention policy for the records pertaining to that
customer.
3. The Defendant shall produce any responsive discovery as to the remaining
discovery requested in Plaintiff’s Motion.

4. To the extent that the Defendant withheld certain communications on the
basis of privilege, the Defendant shall provide a privilege log on or before
May 13, 2019.
5. Plaintiff’s request for sanctions for spoliation of evidence is DENIED
WITHOUT PREJUDICE.
DONE AND ORDERED in Tampa, Florida, on this 23rd day of April, 2019.

cc: Counsel of Record

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