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P.I.: Other | Florida Southern
Order on Motion to Compel Discovery
PAPERLESS ORDER on Plaintiff's Ore Tenus Motion to Compel 69 . For the reasons fully articulated at the October 1, 2026 discovery hearing, the Court makes the following rulings: (1) By 5:00 P.M. on October 2, 2026, the Parties shall email the Court at shaw-wilder@flsd.uscourts.gov any case law concerning whether, if a witness reviews material in preparation for deposition, work product privilege is waived. (2) Plaintiff's Motion for an amended privilege log is granted. Defendant must provide an amended privilege log on or before October 8, 2026, which complies with all relevant Rules and provides all required information, to the extent that information is available to Defendant. (3) The Court sustains Defendant's objection to producing the reports, without prejudice; Defendant can renew its objection if any case law suggests that they are otherwise discoverable. Plaintiff must draft narrowly tailored interrogatories on or before October 2, 2026 at 5:00 P.M. and Defendant must respond to the Interrogatories within 10 days. (4) Plaintiff's request as to Issue No. 4, which refers to Request for Production No. 31, is denied. (5) Defendant's objection to the area of inquiry reflected amended notice of hearing Issue No. 5 is overruled. Plaintiff's motion to compel Defendant's corporate representative to testify on that topic is granted. (6) Plaintiff withdrew this request. (7) ECF No. 49 does not require Defendant to provide supervised access to the video management system and recording equipment. This ruling is without prejudice to Plaintiff requesting additional access to the dome cameras; however, if Plaintiff chooses to make a future request, she should first review Defendant's affidavit previously submitted to the Court so that the request does not seek to require access that would potentially cause damage to the Dome camera as set forth in the affidavit. (8) By October 2, 2026 at 5:00 P.M., Defendant shall confirm whether October 5, 2026, is an acceptable date for Plaintiff to provide the equipment list required by ECF No. 57 or otherwise provide alternative dates within the court's deadline in the Order. (9) On or before October 2, 2026 at 5:00 P.M., Defendant must identify the last name of the person named "Alex." Further, Plaintiff's motion to compel the deposition of "Alex" is granted; the deposition must take place on an agreed-upon date and time before the discovery cutoff. Signed by Magistrate Judge Detra Shaw-Wilder on 10/2/2026. (DSW)
Compel Discovery
ORE TENUS MOTION TO COMPEL by Plaintiff Sally Mathis Brown. Plaintiff moves to compel (1) four incident photographs and the incident report by Blanca Walker; (2) production of an amended privilege log as to the four photographs; (3) Production of the four prior incident reports identified by Defendant's corporate representative; (4) Production of the source and native files, with metadata, for three images Defendant served on July 17, 2026, together with identification of the number of imaging devices within the dome camera housing over the food court; (6) Plaintiff's execution of an IRS form; (8) the name of the make and model of the recording system; (9) the identification and deposition of the loss prevention employee known as "Alex." Plaintiff also disputes (5) Defendant's remaining objections to the scope of the 30(b)(6) deposition of Defendant's camera and surveillance representative. Plaintiff further requests (7) confirmation that the inspection of the surveillance camera system authorized by the Order in ECF No. 49 includes supervised access to the video management system and recording equipment. Responses due by 10/2/2026. (DSW)
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