Stephenson v. Florilli Transportation, LLC et al

Filing 55

ORDER. On September 26, 2018, an in-person hearing was held on Defendant Florilli's Motion to Compel Compliance with Subpoena (Doc. 45) and a discovery dispute between the parties. Florilli's motion to compel is TAKEN UNDER ADVISEMENT. Defendant Florilli is FURTHER ORDERED to supplement his responses to several interrogatories and requests for production of documents as more fully described in the attached Order. Signed by Magistrate Judge Donald G. Wilkerson on 10/1/2018. (jkb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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)
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Plaintiff,
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v.
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FLORILLI TRANSPORTATION, LLC and )
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LOUIS FREEMON,
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Defendants.
JEFFREY STEPHENSON,

Case No. 3: 18-cv-0103-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
On September 26, 2018, an in-person hearing was held on Defendant Florilli’s Motion to
Compel Compliance with Subpoena (Doc. 45) and a discovery dispute between the parties. Federal
Rule of Civil Procedure 26(b) limits discovery to non-privileged matters relevant to any party’s
claim or defense and proportional to the needs of the case. The Supreme Court has cautioned that
the requirement of Rule 26(b)(1) that the material sought in discovery be “relevant” should be
firmly applied, and the district courts should not neglect their power to restrict discovery where
necessary. Herbert v. Lando, 441 U.S. 153, 177 (1979); see also Balderston v. Fairbanks Morse
Engine Div. of Coltec Industries, 328 F.3d 309, 320 (7th Cir. 2003). However, for discovery
purposes, relevancy is construed broadly to encompass matters that bear on, or reasonably could
lead to other matters that could bear on, any issue in the case. Bd. of Trustees of the Univ. of Ill. v.
Micron Technology, Inc., Case No. 2:11-cv-2288-SLD-JEH, 2016 WL 4132182, *2 (C.D. Ill.,
Aug. 3, 2016); see also Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351 (1978).
Based on the information presented during the conference, the Court makes the following
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findings and enters the following Order:
I.

Regarding the Motion to Compel Compliance with Subpoena (Doc. 45):

The Court finds good cause to compel compliance with Defendant Florilli’s subpoena for
medical records directed at Kathryn Klee, LCSW. In an effort to resolve the situation without
further court intervention, Defendant Florilli has requested one more opportunity to try to persuade
Ms. Klee to comply with the subpoena. The matter is therefore TAKEN UNDER
ADVISEMENT. By October 8, 2018, Defendant Florilli shall either request leave to withdraw
the Motion to Compel or file a notice with the Court indicating the Motion to Compel is still at
issue
II.

Regarding Defendants’ First Set of Interrogatories:
A. Plaintiff shall SUPPLEMENT his answers to Interrogatory 1 with Plaintiff’s ISP
and email addresses from January 6, 2017 to date no later than October 8, 2018.
B. Plaintiff shall SUPPLEMENT his answers to Interrogatory 13 with a list of the
names of all medical and mental health providers Plaintiff has seen over the past
fifteen years by October 8, 2018. The parties are further ORDERED to meet and
confer prior to September 28, 2018 regarding known missing records.
C. The Court sustains Plaintiff’s objection to Interrogatory 15.

III.

Regarding Medical Records Requested in Plaintiff’s First Request for

Production of Documents:
Defendant Florilli objected to Request for Production 12, 13 and 14 on the ground that they
sought documents containing Defendant Freeman’s medical records, which they allege are not at
issue in the matter. The Court reviewed the letter briefs and case law submitted by the parties and
finds Plaintiff is entitled to the documents sought. Defendant Florilli is ORDERED to produce

the documents requested in paragraphs 12, 13 and 14 no later than October 8, 2018; specifically,
all medical records or reports in its possession relating to Defendant Freemon. Should the parties
request, the Court would entertain a motion for protective order.

IT IS SO ORDERED.
DATED: October 1, 2018

DONALD G. WILKERSON
United States Magistrate Judge