Opinion

Adams v. Genesis Eldercare Rehabilitation Services, LLC

Court
District Court, M.D. Florida
Filed
Feb 22, 2024
Cited by
0 cases
Authority
More cited than 20.0%

“Discovery should be tailored to the issues involved in the particular case.”

How later courts described this case

  • “Discovery should be tailored to the issues involved in the particular case.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

LANDRIA ADAMS,

Plaintiff,

v. Case No: 5:23-cv-441-GAP-PRL

GENESIS ELDERCARE

REHABILITATION SERVICES, LLC,

GENESIS HOLDINGS, LLC and

GENESIS HEALTHCARE, INC.,

Defendants.

ORDER

By Order dated December 18, 2023, the District Judge set a two-day jury trial

beginning March 11, 2024, on the narrow issue of whether a valid arbitration agreement exists

between the parties. (Doc. 43). Because the Court found disputed issues of fact regarding the

formation of the arbitration agreement, the Court granted Plaintiff’s motion to conduct

limited arbitration-related discovery and directed the parties “to conduct the limited discovery

outlined in Plaintiff’s motion.” Now, discovery disputes have arisen about the proper scope

of discovery which have led to the filing of a motion to compel by Plaintiff (Doc. 53) and a

motion for protective order by Defendants (Doc. 54). Responses have been filed (Docs. 57,

58) and this matter is ripe for review.

I. Legal Standards

The court has broad discretion in managing pretrial discovery matters and in deciding

motions to compel. Josendis v. Wall to Wall Residence Repairs, Inc., 662 F.3d 1292, 1306 (11th

Cir. 2011); Perez v. Miami-Dade Cnty., 297 F.3d 1255, 1263 (11th Cir. 2002). Pursuant to

Federal Rule of Civil Procedure 26(b), “parties 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); 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.”). Rule 26(b)(2)(C) requires a court to limit discovery if “the discovery

sought is unreasonably cumulative or duplicative, or can be obtained from some other source

that is more convenient, less burdensome, or less expensive...or [ ] the proposed discovery is

outside the scope permitted by Rule 26(b)(1).” Fed. R. Civ. P. 26(b)(2)(C).

Under Fed. R. Civ. P. 26(c)(1), “[a] party or any person from whom discovery is

sought may move for a protective order.” For good cause, the court may “issue an order to

protect a party or person from annoyance, embarrassment, oppression, or undue burden or

expense.” Fed. R. Civ. P. 26(c)(1). The party requesting a protective order “carries the burden

of showing good cause and/or the right to be protected.” See Schneider v. Hertz Corp., No. 3:05-

cv-1298-MCR, 2007 WL 1231834, at *2 (M.D. Fla. Apr. 26, 2007) (citing United States v.

Garrett, 571 F.2d 1323, 1326 n.3 (5th Cir. 1978)).

II. Discussion

The District Judge has set for trial the narrow issue of whether a valid enforceable

arbitration agreement exists between the parties. Specifically, he found that Plaintiff raised

factual disputes as to whether she accepted the no signature Mutual Arbitration Agreement

that was allegedly left on her desk and whether she was fraudulently induced to sign the

signature Mutual Arbitration Agreement. (Doc. 43). To that end, the District Judge

authorized Plaintiff to engage in “the limited discovery outlined in Plaintiff’s motion.” In her

motion, Plaintiff represented that her “narrow discovery requests will include interrogatories

and document requests which are directed at uncovering:”

(1) Whether and how Plaintiff received and assented to all versions of Defendants’

Mutual Arbitration Agreement (“MAA”), including the 2019 and 2020 arbitration

provisions;

(2) Whether Plaintiff electronically signed the 2020 MAA;

(3) Whether Plaintiff’s electronic signature is on the 2020 MAA;

(4) Any evidence that Plaintiff reviewed or signed the 2020 MAA on Defendants’

website;

(5) Defendants’ related mutual arbitration agreements and transmittal emails;

(6) Defendants’ email and communications related to Plaintiff’s refusal and failure to

sign the MAAs; and

(7) Any disputes Defendants have initiated against their employees in arbitration.

(Docs. 20-21).

Plaintiff’s ultimate discovery requests are much broader in scope than these “narrow

discovery” items that focused almost entirely on Plaintiff’s experiences with respect to both

versions of the Mutual Arbitration Agreement. Indeed, Plaintiff now broadly seeks all

communications and documents related to both versions of the Mutual Arbitration

Agreement; the employees who received the agreements; communications between Denise

Zachary and Defendants about the Mutual Arbitration Agreement; and disputes in which

Defendants have moved to compel arbitration under the agreements. Defendants have raised

various objections including that the requested discovery—to the extent it seeks information

that does not relate or refer to Plaintiff—is not relevant to whether Plaintiff and Defendants

entered into an agreement to arbitrate. The Court agrees that Plaintiff has improperly

expanded discovery beyond what is needed to inform the narrow issue set for trial.

A. Motion to Compel

In her motion, Plaintiff seeks to compel Defendants to respond to Interrogatories 4-5,

7, 11-14, and Requests for Production 6, 8, 12-13, and 19.

Starting with RFP Nos. 8, 12, and 13, Plaintiff requests documents that refer or relate

to the signature Mutual Arbitration Agreement (RFP No. 8), refer or relate to the no signature

Mutual Arbitration Agreement (RFP No. 12), and all versions of the no signature Mutual

Arbitration Agreement. These requests—which are not limited to Plaintiff —are overly broad

and seek information that does not bear upon whether Plaintiff assented to either version of

the Mutual Arbitration Agreement. Accordingly, Defendants shall produce all documents

responsive to RFP Nos. 8, 12 and 13 that refer or relate to Plaintiff; otherwise, the motion to

compel as to these RFPs is denied.1

Plaintiff also seeks information in Interrogatories 4-5, 11-14 about whether all

employees received and were bound by the arbitration agreements. Plaintiff argues that she is

entitled to know the number of employees who did not receive a Mutual Arbitration

Agreement, the number of employees who refused or failed to acknowledge or agree to the

arbitration agreement, and the number of employees who received a no signature Mutual

Arbitration Agreement, and whether any employees were exempted from these requirements.

Plaintiff, however, has failed to explain how the experiences of other employees will impact

whether she herself entered into an agreement to arbitrate with Defendants. See e.g., Jackson v.

Cintas Corp., 425 F.3d 1313, 1317–18 (11th Cir. 2005) (denying Plaintiff’s discovery and

holding that defendant’s employment agreements “with other employees has no bearing on

1 Defendants represent that they have produced all responsive documents that relate to

Plaintiff in response to RFP Nos. 12 and 13. See Doc. 57 at 11.

the enforceability of the arbitration agreement with [Plaintiff]”;Woo Jung Cho v. Cinereach Ltd.,

No. 19CV513 (JGK), 2020 WL 1330655, at *7 (S.D.N.Y. Mar. 23, 2020) (plaintiff’s

allegations that defendant never compelled four other terminated employees to arbitrate was

irrelevant to the formation of, and did not modify, plaintiff’s arbitration agreement).

Accordingly, the motion is compel is denied as to Interrogatories 4-5, 11-14.

Next, RFP No. 6 broadly seeks communications between Defendants and Denise

Zachary about the Mutual Arbitration Agreement. According to Defendants, they have

produced all responsive documents related to Plaintiff. (See Doc. 57 at 15-16). The Court

agrees that information beyond that is not relevant, and thus, the motion to compel as to RFP

No. 6 is denied.

Turning to Interrogatory 7 and RFP No. 19, they both seek information related to

previous lawsuits in which Defendants have moved to compel arbitration against an employee

or former employee. Again, this information has no bearing on whether an arbitration

agreement exists between Plaintiff and Defendants. And thus, the motion to compel is denied

as to Interrogatory 7 and RFP No. 19.

Finally, Plaintiff seeks to take the depositions of persons whom Defendants identified

as witnesses for trial in response to interrogatories—i.e., Gwendolyn Eagen, Jeanmarrie

Edwards, Joseph Kelly, Lori Leibnitz, and Meredith Cashwel. Plaintiff represents that

Defendants have objected to the depositions as being “outside the scope of the authorized

discovery.” (Doc. 53 at 3). However, in response, Defendants advise that Plaintiff has

misrepresented their position and that there is no need to compel any depositions, because

they have agreed to revisit the issue following the resolution of these discovery motions. Given

this representation, the motion to compel depositions is due to be denied at this time.

B. Motion for Protective Order

Raising many of the same issues, Defendants request entry of a protective order

limiting the scope of Plaintiff’s Rule 30(b)(6) deposition of Defendants’ corporate

representative. (Doc. 54). Specifically, Defendant seek protection from Topics 3, 7, 8, 9, 10,

11, 12, 14, 16, 17, 18, 19, and 20 which are identified in the amended deposition notice. (Doc.

54-1).

For the same reasons discussed above, Defendant’s 30(b)(6) witness is protected from

answering questions related to Topic 3 which seeks information related to disputes in which

Defendants have moved to compel arbitration against an employee or former employee.

Likewise, Topics 7, 9, 10, 11, 12, broadly seek communication and information related to

both versions of the Mutual Arbitration Agreement. The Court agrees that Defendants are

excused from producing a corporate representative to testify to these topics for employees

other than Plaintiff. Indeed, whether other employees executed a Mutual Arbitration

Agreement has no bearing on whether an agreement to arbitrate exists here between the

parties. In addition, to the extent these Topics seek communications regarding the creation of

the signature Mutual Arbitration Agreement and its display on OnTrack as well as the no

signature Mutual Arbitration Agreement (which were created by and implemented at the

direction of counsel), Defendants are excused from producing a corporate representative to

testify because such communications are protected by attorney-client privilege.

Next, Topic 8 requests information about the computer systems, databases and storage

media on which Defendants store email and non-email documents. Defendants have agreed

to produce a corporate representative to discuss generally how Defendants electronically store

email and other documents relating to the arbitration agreements. Otherwise, the Court agrees

that the Topic is overly broad (both temporally and substantively) and is not relevant to

whether the parties entered into an agreement to arbitrate.

Topic 14 seeks information about any addenda, revisions, or modifications to the

arbitration agreement, including the reasons and process for making the changes. Defendants

object to the extent this Topic seeks information regarding the creation and changes or

modifications that were considered or implemented because those discussions are protected

by attorney-client privilege. In addition, this topic is not relevant to the narrow trial issue of

whether an agreement to arbitrate exists. Accordingly, Defendants are excused from

producing a corporate representative to testify regarding Topic 14.

As to Topic 16, Defendants must produce a 30(b)(6) witness to testify about delivery

of the no signature Mutual Arbitration Agreement to Plaintiff. However, to the extent the

Topic seeks testimony regarding the creation of the no signature Mutual Arbitration

Agreement, Defendants are excused from producing a corporate representative because such

discussions are irrelevant to the trial issue and are protected by attorney-client privilege.

Likewise, questions about the number of employees employed by Defendants, the

number of employees who were terminated for refusing to sign a Mutual Arbitration

Agreement and those who voluntarily terminated their employment because of their refusal

to sign or agree to the Mutual Arbitration Agreement have no bearing on whether an

agreement to arbitrate exists between Plaintiff and Defendants. Accordingly, Defendants are

excused from producing a corporate representative to testify regarding Topics 17, 18, 19, and

20.

DONE and ORDERED in Ocala, Florida on February 22, 2024.

PHILIP R. LAMMENS

United States Magistrate Judge

Copies furnished to:

Counsel of Record

Unrepresented Parties

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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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