Opinion

DeLaRosa v. Papa John's International, Inc.

Court
District Court, M.D. Florida
Filed
Apr 24, 2023
Cited by
0 cases
Authority
More cited than 19.9%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

JENNIFER DELAROSA,

Plaintiff,

v. Case No: 8:23-cv-179-CEH-SPF

PAPA JOHN’S INTERNATIONAL,

INC.,

Defendant.

ORDER

This cause comes before the Court on Defendant Papa John’s International,

Inc.’s Motion to Bifurcate Discovery (Doc. 17). In this putative class action brought

under the Florida Telephone Solicitation Act (“FTSA”), Plaintiff alleges that

Defendant Papa John’s International, Inc., sent her and other putative class members

an automated, marketing text message without prior express written consent. Doc. 21.

Defendant’s motion requests to conduct discovery in three phases. Doc. 17. Plaintiff

opposes the motion (Doc. 22), and Defendant has filed a reply (Doc. 29).

Upon review and consideration, and being fully advised in the premises, the

Court will deny the motion.

DISCUSSION

In its motion, Defendant asserts that good cause supports the bifurcation—or,

more accurately, trifurcation—of discovery into three phases: the merits of Plaintiff’s

individual claims, class certification issues, and the merits of the class claims. Doc. 17

at 1. Defendant argues that Plaintiff’s individual claims will “inevitably” be

“dismissed as meritless,” and bifurcation would allow the parties and the Court to

avoid the far more resource-intensive process of discovery on the class certification

issues and class claims until or unless the class proceeds. Id. at 1-5. It asserts that it

will be prejudiced by unnecessarily having to undergo class-wide discovery

simultaneously with that of the individual claims. Id. at 5. Even if the individual

claims survive, Defendant argues that the class is not certifiable. Id. at 5-6. For this

reason, Defendant contends it will be more expeditious to postpone discovery on the

merits of the class claims until after class certification, thereby allowing the Court to

review the propriety of class certification at an earlier time. Id. at 6-7.

Concurrently with its motion to stay, Defendant moved to dismiss the

Complaint for failure to state a claim and to strike the class allegations. After Plaintiff

filed an Amended Complaint, the Court dismissed both motions as moot. Docs. 21,

23, 24. The Court also dismissed as moot Defendant’s concurrently-filed motion to

stay discovery pending resolution of the motions to dismiss and strike class allegations.

Docs. 16, 30. Defendant has filed new motions to dismiss and to strike the class

allegations that are not yet ripe. Docs. 31, 32.

Plaintiff opposes bifurcation of discovery. Doc. 22. She argues that the motion

is moot because it relies on the same arguments Defendant made in the motions to

dismiss and strike class allegations that were deemed moot. Id. at 5-6. On the merits,

she asserts that phased discovery will be inefficient, because many of the issues and

witnesses will necessarily overlap between the phases. Id. at 6-7.1

Courts have “broad discretion over the management of pre-trial activities,

including discovery and scheduling.” Johnson v. Bd. of Regents of Univ. of Ga., 263 F.3d

1234, 1269 (11th Cir. 2001). Such discretion extends to the ability to bifurcate

discovery between issues pertaining to class certification and the merits. See Washington

v. Brown & Williamson Tobacco Corp., 959 F.2d 1566, 1570-71 (11th Cir. 1992).

Nonetheless, “courts may also decline to exercise that discretion.” Cabrera v. Gov’t

Emps. Ins. Co., No. 12-61390-CIV, 2014 WL 2999206, *8 (S.D. Fla. July 3, 2014).

Courts have declined to bifurcate discovery where the issues to be raised in the

proposed phases are so intertwined that it would not be in the interest of judicial

economy to conduct discovery on them separately. See, e.g., Tillman v. Ally Financial,

Inc., 2:16-cv-313-JES-CM, 2016 WL 9504326, *3 (M.D. Fla. Oct. 12, 2016) (declining

to bifurcate discovery because “the issues cannot be divided into separate discovery

categories”); Lakeland Regional Medical Ctr., Inc. v. Astellas US, LLC, 8:10-cv-2008-VMC-

TGW, 2011 WL 486123, *2 (M.D. Fla. Feb. 7, 2011) (Covington, J.) (same, because

“the line between ‘class issues’ and ‘merits issues’ is practically difficult, if not

impossible, to determine.”); cf. Methelus v. School Bd. of Collier Cnty., 2:16-cv-379-DNF,

1 Plaintiff also argues that the motion should be dismissed because Defendant mistakenly

stated that her claim was brought under the Telephone Consumer Protection Act, the federal

counterpart of the FTSA, and because the motion failed to comply with the Middle District

of Florida’s Local Rules regarding font and size requirements. Doc. 22 at 3-5. The Court

declines to deny the motion on either basis, but cautions Defendant to ensure that its future

filings comply with the Local Rules.

2016 WL 8539815, *2 (M.D. Fla. July 21, 2016) (recommending bifurcation of

discovery where “the nature and scope of the claims in the case and the challenge to

standing must be determined before any ruling on class certification would be

appropriate”); Physicians Healthsource, Inc. v. Anda, Inc., No. 12-60798-CIV, 2012 WL

7856269, *2 (S.D. Fla. Nov. 27, 2012) (permitting bifurcation where defendant “made

a plausible argument that it may be able to prevail on the merits against Plaintiff’s

individual claims”). The “general practice in the Middle District of Florida is not to

bifurcate discovery.” Davis v. Coastal Dental Services, LLC, 8:22-cv-941-KKM-TGW,

2022 WL 4553071, *1 (M.D. Fla. Sept. 1, 2022).

Here, the Court declines to exercise its discretion to bifurcate discovery. As

explained in Lakeland Regional, the distinction between merits and class issues is often

“murky at best, and impossible to discern at worst.” 2011 WL 486123 at *2. The Court

is not persuaded that the class and merits issues in this action are unusually distinct,

such that there would be little to no overlap between the phases of discovery. Further,

although Defendant has renewed its motion to dismiss Plaintiff’s individual claims,

the motion alleges the existence of a pleading deficiency rather than a dispositive

merits issue or threshold issue such as standing. Cf. Methelus, 2016 WL 8539815 at *2;

Physicians Healthsource, 2012 WL 7856269 at *2. In all, the circumstances do not

warrant a deviation from this District’s general practice of disfavoring bifurcation. See

Davis, 2022 WL 4553071 at *1.

Accordingly, it is ORDERED:

1. Defendant Papa John’s International, Inc.’s Motion to Bifurcate Discovery

(Doc. 17) is DENIED.

DONE and ORDERED in Tampa, Florida on April 24, 2023.

Chal tare t AiJanda No Ta pl yell 0.

Charlene Edwards Honeywell

United States District Judge

Copies furnished to:

Counsel of Record

Unrepresented Parties

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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