NIX
v.
UNITED STATES
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The court granted in part and denied in part Plaintiff's motion to compel discovery, ordering production of certain training records and a privilege log, while denying requests for route information and instructor details.
Plaintiff filed a motion to compel discovery responses from the Defendant United States of America. The motion concerned training records, personnel f…
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THIS MATTER is before the Court on Plaintiff’s Motion to Compel Discovery Responses and Overrule Defendant’s Objections (“Motion”) (Dkt. 23) and Defendant’s response in opposition (Dkt. 25). On September 2, 2021, the Court conducted a hearing on the Motion. Upon consideration, and for the reasons stated during the hearing, it is ORDERED: 1. Plaintiff’s Motion to Compel Discovery Responses (Dkt. 23) is GRANTED in part and DENIED in part as follows: a. Plaintiff’s Motion is GRANTED insofar as Defendant is directed to produce the training records for Sophia Sanchez, to the extent they exist. b. Plaintiff’s Motion is GRANTED insofar as Defendant is directed to provide Plaintiff a privilege log of Ms. Sanchez’s personnel file. Defendant is further directed to deliver the personnel file of Sophia Sanchez to the Court for an in camera inspection related to any and all records pertaining to other incidents or vehicular accidents involving Sophia Sanchez and her web-based training.
c. Plaintiff’s Motion to Compel is DENIED insofar as Plaintiff requests a copy of the United States Postal Service routes driven by Sophia Sanchez on the date of the accident, with approved U-turn locations, and information related to Sophia Sanchez’s driver safety training
instructors. The route information Plaintiff seeks is unavailable according to Defendant. Defendant shall conduct a reasonable search and produce any responsive documents within its possession, custody, or control if such documents are located. See Fed. R. Civ. P. 26(g)(1) and 34(a)(1). Discovery concerning Ms. Sanchez’s
instructors is neither relevant nor proportional to the needs of the case. See, e.g., Benz v. Crowley Logistics, Inc., No. 3:15-CV-728-J-25MCR, 2016 WL 11587289, at *3 (M.D. Fla. June 17, 2016) (concluding plaintiff had not met her initial burden of showing how the information sought is relevant to her claims); Jones v. Z.O.E. Enterprises
of Jax, Inc., No. 3:11-CV-377-J-32MCR, 2012 WL 3065384, at *2 (M.D. Fla. July 27, 2012) (denying a motion to compel when the moving party failed to make an adequate initial showing of relevancy). d. Plaintiff's Motion is otherwise DENIED as moot to the extent Defendant has provided the requested information. e. The parties’ requests for attorneys’ fees and costs are DENIED. DONE and ORDERED in Tampa, Florida, on September 13, 2021.
JULIE §. SNEED
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record