Saadi v. Maroun
Saadi v. Maroun
2021 WL 8650784 (M.D. Fla. 2021)
January 21, 2021

Sneed, Julie S.,  United States Magistrate Judge

Attorney-Client Privilege
Privilege Log
Metadata
Failure to Produce
Protective Order
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Summary
The Court ordered the parties to produce ESI, including documents, metadata, correspondence, and a privilege log relating to the creation and execution of the MILLC operating agreement and promissory note, documents evidencing Defendant Maroun's travel domestically and internationally from 2009 to the present, and communications between MILLC and Mr. Dotterrer. The Court also ordered Plaintiff to upload the responsive documents to a thumb drive and provide amended or supplemental discovery responses.
Additional Decisions
EDWARD T. SAADI, Plaintiff,
v.
PIERRE A. MAROUN and MAROUN'S INTERNATIONAL, LLC, Defendants
Case No. 8:07-cv-1976-T-24JSS
United States District Court, M.D. Florida
Filed January 21, 2021

Counsel

Edward T. Saadi, Law Office of Edward T. Saadi, Boardman, OH, Martin Patrick Desmond, Youngstown, OH, for Plaintiff.
Mandi B. Clay, Juliana Velasquez Cortes, Three Thirteen Law, PLLC, Plant City, FL, for Defendant Pierre A Maroun 500 N. Osceola Ave. Apt. 102 Clearwater, FL 33755.
Sam Youssef Badawi, Badawi Law, Tampa, FL, for Defendant Maroun's International, LLC.
Sneed, Julie S., United States Magistrate Judge

ORDER

*1 THIS MATTER is before the Court on the following motions (collectively, “Discovery Motions”): (1) Plaintiff's Motion to Compel Documents from Defendant Maroun (Dkt. 552); (2) Plaintiff's Motion to Compel Documents from Defendant Maroun's International, LLC (“MILLC”) (Dkt. 553), MILLC's Response to Plaintiff's Motion to Compel (Dkt. 555), Plaintiff's Reply in Further Support of its Motion to Compel (Dkt. 575); (3) Plaintiff's Motion for Sanctions (Dkt. 558), MILLC's Response to Plaintiff's Motion for Sanctions (Dkt. 562), Plaintiff's Reply in Further Support of its Motion for Sanctions (Dkt. 578); Defendant Maroun's Response to Plaintiff's Motion for Sanctions and Motions to Compel (Dkt. 588); (4) MILLC's Motion to Compel Response to Discovery (Dkt. 561), Plaintiff's Response to MILLC's Motion to Compel (Dkt. 577); (5) Plaintiff's Motion to Compel Answer to Amended Interrogatory No. 2 to Defendant Maroun (Dkt. 572); (6) Plaintiff's Motion to Compel Answer to Amended Interrogatory No. 2 to MILLC (Dkt. 573); and (7) MILLC's Motion for Sam Badawi to Withdraw as Counsel (Dkt. 576), Plaintiff's Notice of Non-Opposition (Dkt. 580). Also pending before the Court are: MILLC's First Motion for Protective Order (Dkt. 589), MILLC's Second Motion for Protective Order (Dkt. 590), Plaintiff's Response to MILLC's Motions for Protective Orders (Dkt. 592), and Plaintiff's Motion to Strike Defendant Maroun's Response to Plaintiff's Motion for Sanctions and Motions to Compel (Dkt. 591). The Court held a hearing on the Discovery Motions on January 20, 2021.

 

Upon consideration and for the reasons stated during the hearing, it is ORDERED:
1. Plaintiff's Motion to Compel Documents from Defendant Maroun (Dkt. 552) is GRANTED to the extent the requested documents have already been provided and the objections have been withdrawn. To the extent any documents were withheld subject to an objection that has been withdrawn, Defendant Maroun shall provide Plaintiff with a supplemental production on or before January 27, 2021. During the hearing, counsel explained that Defendant Maroun recently produced the requested documents to Plaintiff. Defendant Maroun further stated that his objections were largely withdrawn, except for those relating to requests for production of computer hard drives, cell phones or tablets, passports, visas, travel documents, airline documents, and communications between Defendant Maroun and John Dotterrer. With respect to Requests for Production Nos. 16 and 63, Plaintiff's Motion to Compel is GRANTED in part and DENIED in part. Defendant Maroun is directed to produce evidence, documents, or other discovery, including metadata or correspondence, relating to the creation and execution of the MILLC operating agreement and promissory note, as discussed during the hearing. With respect to Requests for Production Nos. 41, 42, and 43, Plaintiff's Motion to Compel is GRANTED in part and DENIED in part. Defendant Maroun is directed to produce documents evidencing his travel domestically and internationally from 2009 to the present. This production may include Defendant Maroun's passport, airline tickets, or other documents showing a chronology of Defendant Maroun's travel during the relevant period. With respect to Request for Production No. 44, Plaintiff's Motion to Compel is GRANTED in part and DENIED in part. To the extent Defendant Maroun contends that communications between himself and John Dotterrer are protected from disclosure due to the attorney-client privilege, Defendant Maroun shall produce a privilege log in accordance with Federal Rule of Civil Procedure 26(b)(5). Defendant Maroun shall produce the discovery as directed in this paragraph on or before January 27, 2021.
*2 2. Plaintiff's Motion to Compel Documents from MILLC (Dkt. 553) is GRANTED to the extent the requested documents have already been provided and the objections have been withdrawn. Specifically, MILLC represented to the Court that it was not withholding documents subject to its objection regarding the scope of discovery into Plaintiff's alter ego allegations. To the extent any documents were withheld subject to an objection that has been withdrawn, MILLC shall provide Plaintiff with a supplemental production on or before January 27, 2021. With respect to Requests for Production Nos. 16, 43, 57, 62, Plaintiff's Motion to Compel is GRANTED in part and DENIED in part, consistent with the preceding paragraph. MILLC is directed to produce (1) evidence, documents, or other discovery, including metadata or correspondence, relating to the creation and execution of the MILLC operating agreement and promissory note as discussed at the hearing; (2) documents evidencing Defendant Maroun's travel domestically and internationally from 2009 to the present, to the extent such documents are within MILLC's possession, custody, or control; and (3) a privilege log in accordance with Federal Rule of Civil Procedure 26(b)(5), or to the extent applicable, non-privileged documents reflecting communications between MILLC and Mr. Dotterrer. MILLC shall produce the discovery as directed in this paragraph on or before January 27, 2021.
3. The Court RESERVES RULING on Plaintiff's Motion for Sanctions. (Dkt. 558).
4. MILLC's Motion to Compel Discovery from Plaintiff (Dkt. 561) is GRANTED. To facilitate the production of documents, MILLC shall provide Plaintiff with a thumb drive(s). Plaintiff shall upload the responsive documents to the thumb drive(s) and provide amended or supplemental discovery responses on or before February 3, 2021.
5. Plaintiff's Motions to Compel Answers to Amended Interrogatory No. 2 (Dkts. 572, 573) are GRANTED. MILLC and Defendant Maroun indicated that they provided responses to the amended interrogatory after the motions were filed but before the hearing. To the extent any further responses are warranted, Defendants shall provide Plaintiff with supplemental responses on or before January 27, 2021.
6. MILLC's Motion for Sam Badawi to Withdraw as Counsel (Dkt. 576) is DENIED as moot. During the January 20, 2021 hearing, counsel for MILLC orally withdrew the motion.
7. MILLC's First Motion for Protective Order (Dkt. 589) and MILLC's Second Motion for Protective Order (Dkt. 590) are DENIED as moot. During the January 20, 2021 hearing, counsel for MILLC orally withdrew the motions.
8. Plaintiff orally moved to extend the discovery deadline by 60 days, from February 2, 2021 to April 4, 2021, to enable the parties to reschedule the depositions referenced in MILLC's Motions for Protective Order and complete discovery as provided for in this order. Plaintiff's oral motion to extend the discovery deadline is GRANTED. The discovery deadline in this matter is hereby extended to April 4, 2021. The Court will enter an amended case management and scheduling order. The depositions scheduled to take place on January 21, 2021 and January 28, 2021 shall be rescheduled. The parties are further reminded of their continuing obligation to work cooperatively with each other in good faith to schedule depositions and conduct discovery in this matter.
9. Plaintiff's Motion to Strike Defendant Maroun's Response to Plaintiff's Motion for Sanctions and Motions to Compel (Dkt. 591) is DENIED. Courts enjoy broad discretion in deciding how to best manage the cases before them. Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1366 (11th Cir. 1997); see Patterson v. U.S. Postal Serv., 901 F.2d 927, 929 (11th Cir. 1990). The Court finds good cause to support the untimely filing of the response due to the on-going nature of the motion practice in this proceeding and exercises its discretion to accept the filing.

 

DONE and ORDERED in Tampa, Florida, on January 21, 2021.