Betz v. Hobby Lobby Stores, Inc.

UMNIIDTEDDL ES TDAISTTERS IDCITS TORFI FCLTO CROIDURAT

TAMPA DIVISION

TERESA BETZ,

Plaintiff,

v. Case No: 8:23-cv-1360-SDM-JSS

HOBBY LOBBY STORES, INC. and

DUBOSE,

Defendants.

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ORDER

Defendant Hobby Lobby Stores, Inc. moves to compel Plaintiff’s responses to

its first set of interrogatories and first request for production pursuant to Federal Rules

of Civil Procedure 26 and 37. (Motion, Dkt. 15.) Plaintiff did not timely respond to

the Motion in accordance with Middle District of Florida Local Rule 3.01(c). On

November 27, 2023, the court directed Plaintiff to respond to Hobby Lobby’s Motion

on or before December 4, 2023. (Dkt. 16.) Plaintiff again failed to timely respond.1

The court therefore treats Hobby Lobby’s Motion as unopposed. See M.D. Fla. Loc.

R. 3.01(c).

Federal Rule of Civil Procedure 26(b) provides that “[p]arties may obtain

discovery regarding any nonprivileged matter that is relevant to any party’s claim or

defense and proportional to the needs of the case[.]” Fed. R. Civ. P. 26(b)(1);

1 The court notes that the email address listed for Plaintiff’s attorney Cortney G. Griswell on the docket

does not match that listed on her correspondence with Hobby Lobby’s counsel. See (Dkt. 15-3.)

However, Attorney Griswell has filed documents in this case previously (Dkt. 11), and this court’s

Local Rules require that members of the Middle District bar maintain a current telephone number,

mailing address, and email address with the Clerk. M.D. Fla. Loc. R. 2.01(b)(2)(B).

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

(“Discovery should be tailored to the issues involved in the particular case.”). A party

moving to compel discovery pursuant to Rule 37 “has the initial burden of proving the

requested discovery is relevant and proportional.” Ag/logalou v. Dawson, No. 8:20-cv-

2024-CEH-AAS, 2021 WL 3563017, at *1 (M.D. Fla. Aug. 12, 2021) (citing Douglas

v. Kohl’s Dept. Stores, Inc., No. 6:15-cv-1185-Orl-22TBS, 2016 WL 1637277, at *2 (M.D.

Fla. Apr. 25, 2016); see also Fed. R. Civ. P. 37(a)(1), (3).

In its Motion, Hobby Lobby argues that the information and documents sought

are “necessary for Hobby Lobby to prepare its defenses in this case and the requests

are proportional to the needs of the case because the information is in Plaintiff's

possession, custody, and control and crucial to the issues involved in the case.” (Dkt.

15 at 3.) Plaintiff does not oppose the requested relief and the court finds that the

information sought is relevant and proportional to the case. See M.D. Fla. Loc. R.

3.01(c). Accordingly, Defendant Hobby Lobby Stores, Inc.’s Motion to Compel

Plaintiff's Responses to Its First Set of Interrogatories and First Request for Production

(Dkt. 15) is GRANTED. Plaintiff is directed to respond to Hobby Lobby’s First Set

of Interrogatories and First Request for Production within 10 days of this order.

ORDERED in Tampa, Florida, on December 5, 2023.

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=e 5. SHEED —

UNITED STATES MAGISTRATE JUDGE

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Copies furnished to:

Counsel of Record