17 Fla. L. Weekly Supp. 653a
Online Reference: FLWSUPP 1708ROEBInsurance — Discovery — Depositions — Subpoenas duces tecum for depositions of non-parties and their records custodians or persons most knowledgeable are quashed or limited where discovery is overbroad, burdensome and unlikely to lead to discoverable or admissible evidence
DANIELLE ROEBUCK Plaintiff, vs. LIN KWAN LO and NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant. Circuit Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2009-CA-007257, Division: CV-D. May 10, 2010. Jean M. Johnson, Judge. Counsel: Michael D. Marrese, Morgan & Morgan, P.A., Jacksonville, for Plaintiff. Steven R. Woods, Steven R. Woods and Associates, Jacksonville, for Defendant Lin Kwan Lo. Gregory A. Zitani, Barak & Zitani, LLC, Sarasota, for Various Non-Parties.
ORDER AFTER HEARING ON NON-PARTIES’ MOTIONS TO QUASH SUBPOENAS, FOR PROTECTIVE ORDERS AND FOR SANCTIONS
THESE MATTERS CAME ON FOR HEARING ON APRIL 13, 2010 AT 2:00 P.M. before the Hon. JEAN M. JOHNSON, CIRCUIT JUDGE. Plaintiff appeared by Michael Marrese, Esq., John Phillips, Esq., Defendant by Steven R. Woods and C. Donald Detsky, Esq. and the various Non-Parties by Gregory A. Zitani, Esq.
The Court having read and considered the pleadings and other papers filed herein, having heard and considered the argument, representations and affidavits and other evidence presented by counsel and being fully advised in premises, IT IS HEREBY ORDERED:
1. Non-Party ASK-GARY HOLDINGS, LLC’s Corporate Records Custodian’s Subpoena Duces Tecum from Defendant is hereby QUASHED and a protective order prohibiting the taking of that person’s deposition by Defendant is hereby GRANTED, as overbroad, unduly burdensome and not likely to lead to discoverable or admissible evidence.
2. Non-Party ASK-GARY HOLDINGS, LLC’s Records Custodian’s Subpoena Duces Tecum from Defendant is hereby QUASHED and a protective order prohibiting the taking of that person’s deposition by Defendant is hereby GRANTED, as overbroad, unduly burdensome, and not likely to lead to discoverable or admissible evidence.
3. Non-Party W.S. MARKETING, INC.’s Corporate Records Custodian Subpoena Duces Tecum from Defendant is hereby QUASHED and a protective order granted prohibiting the taking of that person’s deposition by Defendant is hereby GRANTED, and W.S. Marketing shall recover from Defendant $500.00 as and for attorneys fees pursuant to Fla. R. Civ. P 1.380(c)(4). The discovery sought is overbroad, unduly burdensome, not likely to lead to relevant or discoverable evidence and likely only to lead to oppression, harassment, annoyance and/or embarrassment on the part of non-party W.S. Marketing.
4. Non-Party MEDICAL FUNDING, INC.’s Corporate Records Custodian’s Subpoena Duces Tecum from Defendant is hereby QUASHED and a protective order prohibiting the taking of that person’s deposition by Defendant is hereby GRANTED.
5. Non-Party MEDICAL FUNDING, INC.’s Records Custodian’s Subpoena Duces Tecum from Defendant is hereby QUASHED and a protective order prohibiting the taking of that person’s deposition by Defendant is hereby GRANTED. The discovery sought is overbroad, unduly burdensome and not likely to lead to discoverable or admissible evidence.
6. Non-Party GARY KOMPOTHECRAS’ Subpoena Duces Tecum from Defendant is hereby QUASHED and a protective order prohibiting the taking of his deposition by Defendant is hereby GRANTED. The discovery sought is overbroad, unduly burdensome and not likely to lead to discoverable or admissible evidence.
7. Non-Party DAVID BALOT’s Subpoena Duces Tecum from Defendant is hereby QUASHED and a protective order prohibiting the taking of his deposition by Defendant is hereby GRANTED. The discovery sought is overbroad, unduly burdensome and not likely to lead to discoverable or admissible evidence.
8. Non-Party DEBRA HILLEBRANT’s Subpoena Duces Tecum from defendant is hereby GRANTED and a protective order prohibiting the taking of her deposition is hereby GRANTED. The discovery sought is overbroad, unduly burdensome and not likely to lead to discoverable or admissible evidence.
9. Non-Party PHYSICIANS GROUP, LLC Medical Records Custodian is hereby granted a Protective Order limiting the scope of the deposition that might be taken to the production, authentication and description of the complete medical records of the Plaintiff. Other than to that extent, the Subpoena Duces Tecum is QUASHED. Other than the limited discovery allowed, the discovery sought is overbroad, unduly burdensome and not likely to lead to discoverable or admissible evidence.
10. Non-Party PHYSICIANS GROUP, LLC’s Person Most Knowledgeable about Billing, Collections and Pricing is granted a protective order limiting discovery to the specific matters contained in the detailed itemized billing showing billings, receipts and payments by or on behalf of DANIELLE ROEBUCK. Otherwise the subpoena duces tecum is QUASHED. To the extent the protective order limits discovery, said discovery is overbroad, unduly burdensome and unlikely to lead to discoverable or admissible evidence.
11. Non-Party LWR CAPITAL INC.’s Person Most Knowledgeable about Billing, Collections and Pricing is granted a protective order limiting discovery to the documents and records relating to DANIELLE ROEBUCK. Otherwise the Subpoena Duces Tecum is QUASHED. Other than the limited discovery allowed, the discovery sought is overbroad, unduly burdensome and unlikely to lead to discoverable or admissible evidence.
12. Non-Party LWR Capital INC.’s Corporate Records Custodian’s Subpoena Duces Tecum from Defendant is hereby QUASHED and a protective order entered prohibiting the taking of that person’s deposition. The discovery sought is overbroad, unduly burdensome, and not likely to lead to discoverable or admissible evidence.
