Summary:The court ordered the parties to produce documents showing the amount charged and the amount collected, either from a spreadsheet or from the underlying documents. The court also set a timeline for the production of this information, to ensure that the parties are not engaging in any dilatory tactics. This ruling is important for ensuring that all parties have access to the same accurate information.
Court:United States District Court, S.D. Florida
Date decided:
Judge:Matthewman, William
Dorine L. CONNOR, and Myrtle E. Pugh, individually and on behalf of all others similarly situated, Plaintiffs, v. PERMANENT GENERAL ASSURANCE CORPORATION, Defendant Case No. 20-81979-Civ-Dimitrouleas/Matthewman United States District Court, S.D. Florida Signed May 05, 2022 Counsel Jordan Alexander Shaw, Zachary Dean Ludens, Zebersky Payne Shaw Lewenz LLP, Fort Lauderdale, FL, James Matthew Stephens, Methvin, Terrell, Yancey, Stephens & Miller, P.C., Birmingham, AL, Brent Irby, Pro Hac Vice, Irby Law LLC, Courtney Cooper Gipson, Pro Hac Vice, James M. Terrell, Pro Hac Vice, Methvin, Terrell, Yancey, Stephens & Miller, P.C., for Plaintiffs Dorine L. Connor, Myrtle E. Pugh. James Matthew Stephens, Methvin, Terrell, Yancey, Stephens & Miller, P.C., Birmingham, AL, Zachary Dean Ludens, Zebersky Payne Shaw Lewenz LLP, Fort Lauderdale, FL, for Plaintiff Matthew K. Lancaster. Audrey-Jade Salbo, Jackson Lewis P.C., Miami, FL, Kimare S. Dyer, Reginald John Clyne, Chanelle Artiles, Quintairos, Prieto, Wood & Boyer P.A., Miami, FL, for Defendant. Matthewman, William, United States Magistrate Judge ORDER ON OUTSTANDING DISCOVERY DISPUTES *1 THIS CAUSE is before the Court following a Status Conference re: Discovery, held via Zoom video Teleconference (VTC), on May 3, 2022. During the Status Conference, the parties notified the Court of several discovery disputes that had arisen due to Defendant's May 2, 2022 production of its Objections and Response to Plaintiffs’ Second Integrated Discovery Requests. I. BACKGROUND On April 11, 2022, the Court certified the following class pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure: All citizens residing in the State of Florida, who, within five (5) years of the filing of this action, were (1) insured under an auto policy sold or issued by Permanent General containing the same or similar “Refund of Premium” provision under the policy's “Cancellation and Non-Renewal” section as found in Plaintiffs Connor's and Pugh's policies, and who (2) had their policies cancelled at the insured's request, and who (3) had paid a premium that was held by Permanent General and still unearned on the effective date of cancellation. [DE 96 at 22] (emphasis added). Thereafter, on April 15, 2022—the date of the discovery cutoff deadline—Defendant filed a Motion for Extension of Time to Respond to Plaintiffs’ Second Integrated Discovery Requests (“Motion for Extension of Time”) [DE 99]. That same day, Plaintiffs filed a Motion to Compel [100]. In light of the last-minute nature of the discovery dispute, the Court scheduled an April 22, 2022 Zoom VTC hearing on both the Motion for Extension of Time [DE 99] and the Motion to Compel [DE 100]. Plaintiffs filed a response to the Motion for Extension of Time [DE 102], and the Court held the April 22, 2022 motion hearing via Zoom VTC, as scheduled. Following the April 22, 2022 motion hearing, the Court issued an Order Granting Defendant's Motion for Extension of Time to Respond to Discovery and Granting in Part and Denying in Part Plaintiffs’ Motion to Compel. [DE 107]. Within the Order, the Court noted, “after hearing from the parties’ counsel, that this dispute is really a tempest in a teapot and one that is easily resolved by providing Defendant with some additional time to respond.” [DE 107 at 6]. The Court thus granted Defendant's Motion for Extension of Time and granted in part Plaintiffs’ Motion to Compel, allowing Defendant until May 2, 2022 to produce responses to Plaintiffs’ Second Integrated Discovery Requests. Id. at 6–7. However, the Court denied Plaintiffs’ Motion to Compel to the extent it sought full and complete responses by April 24, 2022. Id. at 7. Because of the uncertainty surrounding discovery in the case, and because the parties filed their Motions on the discovery cutoff deadline, the Court scheduled a May 3, 2022 Status Conference re: Discovery, held via Zoom VTC, to address the status of any discovery dispute arising out of Defendant's production of the requested documents. On April 28, 2022, the Court entered an Order on Cross-Motions for Summary Judgment. [DE 112]. The Court denied Defendant's Motion for Summary Judgment [DE 80] but granted in part and denied in part Plaintiffs’ Cross-Motion for Partial Summary Judgment [DE 86]. Specifically, the Court granted in part Plaintiff's Cross-Motion for Partial Summary Judgment as to Plaintiffs’ theory of liability but denied in part the motion as to the determination of damages. [DE 112 at 17]. *2 Thereafter, the parties appeared before the Court on May 3, 2022, via Zoom VTC, for the Status Conference re: Discovery. During the Status Conference, Plaintiffs stated that Defendant produced two excel spreadsheets rather than the thousands of documents Defendant had agreed to produce, and took issue with several of Defendant's objections. Defendant's position was that the spreadsheets contained all necessary information, and that the relevant time period for purposes of producing class data was for the period of time five years from the filing of the Second Amended Complaint (involving Plaintiffs Connor and Pugh), up until the date of class certification—or, from January 25, 2016, until April 11, 2022. Plaintiffs disagreed, arguing that the relevant time period was five years from the filing of the original Complaint (not involving Plaintiffs Connor and Pugh), up until the date of class certification—or, from October 27, 2015, until April 11, 2022. II. RULING Accordingly, after consideration of argument of counsel presented during the May 3, 2022 Zoom VTC hearing, it is hereby ORDERED and ADJUDGED as follows: 1. The Court finds that the correct time period for purposes of producing responses to Plaintiffs’ Second Integrated Discovery Requests is from January 25, 2016, up until April 11, 2022. This is because Plaintiffs Dorine Connor and Myrtle Pugh were only added in the Second Amended Complaint, and the original Plaintiff, Prinita Finley, has since been terminated from the case. 2. The parties are directed to confer further utilizing this time period. The Court expects that documents will be produced showing the amount charged and the amount collected, whether from a spreadsheet, or from the underlying documents, whatever the case may be. The Court notes, however, that the underlying documents normally have to be produced so that all parties are allowed proper verification of the spreadsheets. 3. In light of the parties’ representation that they had been conferring as recently as one hour prior to the Status Conference, the Court finds that an additional Status Conference re: Discovery is necessary. Therefore, the parties shall appear before the Court for a Status Conference re: Discovery to be held via Zoom VTC on Thursday, May 19, 2022, at 2:30 p.m. in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. This status conference shall address the status of the dispute concerning Defendant's responses to Plaintiffs’ Second Integrated Discovery Requests. 4. The parties shall file a short and concise Joint Notice on or before noon on May 16, 2022, advising of any resolutions of the pending discovery dispute as well as any remaining discovery disputes, and the parties’ positions as to remaining disputes, so the Court can address them at the status conference. 5. The Court cautions the parties that it will not hesitate to issue sanctions or Rule 37 cost shifting should any dilatory tactics be employed in resolving this discovery dispute, especially considering that the discovery cutoff has long since passed. DONE AND ORDERED in Chambers at West Palm Beach in the Southern District of Florida, this 5th day of May, 2022.