Summary
The United States District Court for the Middle District of Florida partially granted Embry-Riddle Aeronautical University, Inc.’s motion to compel and for an enlargement of time. The Court authorized a limited one-hour re-deposition of Plaintiff concerning previously undisclosed text messages and required information regarding any attorney-client relationship between Plaintiff’s counsel and Plaintiff’s mother, while denying other requested relief.
Holdings
- Because Plaintiff did not dispute that she failed to timely produce communications responsive to a proper discovery request, Defendant may re-depose her for no more than one hour and only concerning the text messages produced on November 24, 2025.
- Defendant may obtain a sworn affidavit or declaration stating whether an attorney-client relationship existed between Plaintiff's counsel and Trisha Thulin and, if so, when it began; Defendant may then seek a second deposition of Trisha if appropriate.
- If a fee or retainer agreement is produced in response to the court's order, information containing attorneys' mental impressions, conclusions, opinions, or legal theories may be redacted.
Questions Presented
- Whether Defendant was entitled to a limited re-deposition of Plaintiff concerning text messages that Plaintiff had not timely produced.
- Whether Defendant was entitled to discovery concerning the existence and commencement date of an asserted attorney-client relationship between Plaintiff's counsel and Trisha Thulin.
- Whether the discovery deadline should be extended for the limited purposes authorized by the court.
Disposition
other
Cases Cited (3)
- Daniel v. Navient Sols., LLC, No. 8:17-cv-2503-T-24JSS, 2019 WL 12528989, at *3 (M.D. Fla. Jan. 10, 2019)(followed by analogy)
- Regions Bank v. Kaplan, No. 8:12-cv-1837-T-17MAP, 2015 WL 5687882, at *1 (M.D. Fla. Sept. 25, 2015)(applied)
- Soricelli v. GEICO Indem. Co., No. 8:16-cv-1535-T-30TBM, 2017 WL 275967, at *4 (M.D. Fla. Jan. 20, 2017)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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