Opinion

Woods v. Reeve

Court
District Court, S.D. Florida
Filed
Apr 20, 2022
Cited by
0 cases
Authority
More cited than 20.1%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 21-14001-CIV-MARTINEZ/MAYNARD

YOLANDA WOODS,

as the Personal Representative of the Estate

of Alteria Woods, et al.,

Plaintiffs,

v.

CHRISTOPHER REEVE, et al.,

Defendants.

__________________________________________/

ORDER ON DEFENDANTS CHRISTOPHER REEVE, PATRICK WHITE

AND RICK SARCINELLO’S FIRST AMENDED JOINT MOTION FOR

PROTECTIVE ORDER (“MOTION FOR PROTECTIVE ORDER”) (DE 83)

THIS CAUSE is before me upon the above Motion for Protective Order. DE 83. The

District Judge has referred this case to me for disposition of all pretrial discovery motions pursuant

to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the U.S. District Court for the

Southern District of Florida. DE 41. I have reviewed the Motion for Protective Order and the

record in this case. Plaintiff Yolanda Woods (“Plaintiff”) filed an untimely Response (DE 86).1

For the reasons discussed below, the Motion for Protective Order (DE 83) is GRANTED IN

PART AND DENIED IN PART as follows.

This action stems from the death of Alteria Woods following law enforcement’s execution

of a residential search warrant on March 19, 2017. DE 14 at ¶¶13-47. In particular, Plaintiff

alleges that Defendant Sarcinello shot Alteria Woods—an unarmed civilian posing no risk—ten

1 The Discovery Procedures Order (DE 52) governing this case requires, inter alia, that a response be filed within 5

days of receipt of a discovery motion. Here, the Motion was filed on March 17, 2022. Plaintiff did not respond until

March 31, 2022, or 14 days following the Motion’s filing. Although I address the Motion for Protective Order on the

merits, counsel is cautioned to adhere to the directives in the Discovery Procedures Order moving forward.

times. DE 14 at ¶43; DE 78 at 8. Defendants Reeve and White fired at her but missed. DE 14 at

¶¶ 40, 46; DE 78 at 8. Plaintiff brings claims under 42 U.S.C. § 1983 and seeks compensatory and

punitive damages. DE 14 at 8-18.

Defendants’ Motion seeks an order precluding Plaintiff’s discovery with respect to two

interrogatories:

10. Please identify each and every firearm owned or possessed by you since January

2015 and include (1) the make/model of the firearm, (2) whether it was

registered with the State of Florida, (3) whether you used this firearm while on

duty as a law enforcement officer, and (4) whether you discharged this firearm

at another human at any time and for any reason.

11. For punitive damages purposes, please estimate your net financial worth (1) at

the time of the occurrence and (2) a supplemented answer no later than thirty

days prior to the close of discovery. Please describe how that net worth has been

calculated by providing a balance sheet of all assets greater than $2,500 USD

(including a description of any ownership of stock, mutual funds, real estate,

etc.) and including all liabilities. Please also provide an income statement for

the five years prior to the filing of this complaint, including your annual salary

and any income from any other source for those years.

DE 83 at 5; DE 83-1. Specifically, Defendants argue that the requested discovery is irrelevant,

and Defendants would be significantly harmed by complying with the discovery request because

the requests encroach on Defendants’ privacy rights. DE 83. In the case of the financial worth

discovery pursuant to Interrogatory No. 10, Defendants also argue that, even if relevant, the request

is premature before qualified immunity is decided2 as well as overbroad in seeking information

for the years 2015 to 2020. Id. at 2-3 (citing Lane v. Capital Acquisitions, 242 F.R.D. 667, 670

(S.D. Fla. 2005) (quoting Fieldturf Int’l v. Triexe Management Group, Inc., No. 03 C 3512, 2004

WL 866494, at *3 (N.D. Ill. Apr.16, 2004) (“Only current financial documents are relevant to a

claim for punitive damages.”))).

2 Defendants’ Joint Motion to Dismiss is pending. DE 66.

Plaintiff argues that she is entitled to the requested discovery, that the bar for relevancy is

low, and that Defendants fail to show that they will suffer a specific harm. DE 86 at 1-2. As to

gun ownership specifically, Plaintiff argues that it is common for officers to privately purchase

their firearms and carry said firearms while on duty following notification to their department. Id.

at 3. Plaintiff wants to know whether the officers are authorized to use firearms they possess while

on duty and whether they have violated department policy by carrying firearms that are not

authorized. Id. Therefore, Plaintiff contends that Interrogatory No. 10 is relevant. Id. As to

Defendants’ financial worth for purposes of punitive damages, Plaintiff argues that Defendants’

net financial worth is relevant and discoverable for this purpose. Id. at 2 (citing Wyndham Vacation

Ownership, Inc. v. Gallagher, No. 619CV476ORL31EJK, 2019 WL 13064789, at *2 (M.D. Fla.

Nov. 22, 2019) (finding financial disclosure relevant to proving an alleged conspiracy and to

Plaintiff’s claim for punitive damages)).

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, considering

the importance of the issues at stake in the action, the amount in controversy, the

parties’ relative access to relevant information, the parties’ resources, the

importance of the discovery in resolving the issues, and whether the burden or

expense of the proposed discovery outweighs its likely benefit. Information within

this scope of discovery need not be admissible in evidence to be discoverable.

Fed.R.Civ.P. 26(b)(1). Rule 26, however, also protects those from whom discovery is sought

from “annoyance, embarrassment, oppression, or undue burden or expense.” Fed.R.Civ.P.

26(c)(1). The party moving for a protective order must show that “good cause” exists for the court

to grant such an order. Id. In addition, the court must be satisfied that, on balance, the interests of

the party moving for the protective order outweigh the interests of the non-moving party.

McCarthy v. Barnett Bank of Polk County, 876 F.2d 89, 91 (11th Cir. 1989).

Here, I find that Plaintiff fails to establish the relevancy of Interrogatory No. 10 regarding

firearm ownership and use. “[W]hen relevancy is not apparent, the burden is on the party seeking

discovery to show the relevancy of the discovery request.” Drone Nerds Franchising, LLC v.

Childress, No. 19-CV-61153, 2021 WL 7543800, at *3 (S.D. Fla. Nov. 15, 2021) (internal

quotation marks and citation omitted). Plaintiff broadly alleges that it is “common place” for

police officers to use privately purchased firearms on duty but does not first ask the foundational

question of whether this so-called “common place” practice was used in this case. In other words,

instead of broadly inquiring about whether Defendants privately own any firearms, Plaintiff should

first attempt to ascertain whether any privately owned firearms were used during the incident in

question. If not, the inquiry ends there. If so, Plaintiff would then have a basis for inquiring into

the make and model of any privately owned firearms that were used, and whether Defendant’s use

of such firearm comported with Department policy. I therefore find Interrogatory 10 to be

overbroad and irrelevant except insofar as it asks whether the Defendants used any privately owned

firearms during the incident in question. Should this question be answered affirmatively, Plaintiff

may broaden her discovery request in relation to privately used firearms at that time.

With respect to Interrogatory No. 11 seeking Defendants’ financial net worth, I find that

such information is relevant to Plaintiff’s punitive damages’ claim; however, Plaintiff’s request is

overbroad and should be subject to a confidentiality order. Defendants contend that their pending

Joint Motion to Dismiss (which argues qualified immunity) is a basis for the Court to grant a

protective order. However, the authority cited by Defendants does not support this proposition.

DE 83 at 3 (citing Jeld-Wen, Inc. v. Nebula Glass Int’l Inc., No. 07-22326-CIV, 2008 WL

11333315, at *4 (S.D. Fla. Mar. 5, 2008)). In Jeld-Wen, Inc., Plaintiff brought a claim for

disgorgement of royalties, and the Court granted a protective order because “information regarding

royalties paid” could be obtained from another party’s financial disclosure making the disclosures

sought by Plaintiff redundant. Id. Thus, Jen-Wen, Inc. is inapposite to the issue at hand. In

addition, the presiding District Judge in this case has set a discovery cut-off date of June 30, 2022.

DE 62. As a result, all discovery, including discovery pertaining to damages, must be completed

by that date regardless of any other pending motions.

In a claim brought under 42 U.S.C. §1983, “‘evidence of a tortfeasor's wealth is

traditionally admissible as a measure of the amount of punitive damages that should be awarded.’”

Graham v. Carino, No. CIV.09-4501 JEI/AMD, 2010 WL 2483294, at *3 (D.N.J. June 4, 2010)

(quoting City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 20 (1981)). Thus, “discovery of

current net worth is relevant to Plaintiff's claim for punitive damages.” Stern v. O’Quinn, No. 07-

60534-CIV, 2008 WL 11401795, at *4 (S.D. Fla. Oct. 24, 2008); Lane v. Capital Acquisitions,

242 F.R.D., 667, 669 (S.D. Fla. 2005). Due to the highly private nature of financial information,

however, any information disclosed must be subject to a protective order. Therefore, Defendants

shall designate the financial information that they disclose in response to Interrogatory No. 11 as

“Confidential Information – Attorneys’ Eyes Only,” and the information shall be disclosed solely

to Plaintiff’s counsel unless the parties otherwise agree. In addition, Interrogatory No. 11 seeks

more information than is warranted. For example, it requests an estimate of Defendant’s financial

worth at the time of the incident in 2017 and a supplemented answer (presumably containing

updated, current information) thirty days before discovery ends. It also seeks an income statement

for five years before the filing of the complaint. I find these requests to be overbroad. Therefore,

Defendants shall disclose their current financial worth and income for 2021 and year to date.

Accordingly, it is ORDERED AND ADJUDGED that Defendants’ Motion for Protective

Order (DE 83) is GRANTED IN PART AND DENIED IN PART as follows:

1. The Motion for Protective Order is GRANTED as to Interrogatory No. 10, except

Defendants must disclose whether any privately owned firearms were used by them

during the incident in question;

2. The Motion for Protective Order is DENIED as to Interrogatory No. 11. Defendants

must disclose information regarding their current net financial worth by May 16, 2022.

Further, Defendants’ income statement shall be provided for 2021 and 2022 year-to-

date only and shall report income from all sources by identifying the sources and the

amounts attributable to those sources. Defendants shall not be required to supplement

the answer unless necessary due to a significant change in the information provided;

3. The information provided in response to Interrogatory No. 11 shall be designated as

“Confidential Information — Attorneys’ Eyes Only.” Plaintiffs shall use the

information solely for purposes of the instant litigation. The information may only be

disclosed to Plaintiffs’ counsel and to such other persons as counsel for Defendants

agrees in advance or as Ordered by the Court. Plaintiffs’ counsel shall return the

information provided in response to Interrogatory No. 11 pursuant to this Order within

thirty days following termination of this proceeding. The parties may otherwise jointly

stipulate to the confidential designation and treatment of the information provided in

response to Interrogatory No. 11 pursuant to a confidentiality agreement or stipulated

protective order.

DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 20th day of April, 2022.

SHANIEK M. MAYNARD®

U.S. MAGISTRATE JUDGE

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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