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Cottam v. Pelton

United States District Court, M.D. Florida, Ocala Division

September 19, 2017

JOHN COTTAM, Plaintiff,
v.
DOUGLAS PELTON Defendant.

          ORDER

          PHILIP R. LAMMENS UNITED STATES MAGISTRATE JUDGE.

         This matter is before the Court on Defendant's motion to compel Plaintiff's response to his second request to produce. (Doc. 89). Plaintiff has responded. (Doc. 90). This matter is ripe for review.[1]

         I. Background

         This lawsuit arises out of Plaintiff's traffic stop and arrest by Defendant Sgt. Douglas Pelton in July 2012. Plaintiff, who is a dermatologist, alleges that he suffered damages as a result of the arrest, including loss of business and consequently business and personal income. Accordingly, Defendant has sought discovery regarding this claim of damages.

         Specifically, in his first set of interrogatories, Defendant requested:

Interrogatory No. 12: Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident(s) described in the Complaint? If so, state the nature of the income, benefits, or earning capacity, and the amount and method that you used in computing the amount.

(Doc. 89-1 at 3). In response dated March 15, 2017, Plaintiff stated:

Yes. Posting of arrest record publicly resulted in Defamation which resulted in loss of patients. Estimated loss as a result of estimation of patients who did not return after telling me they saw my picture on the internet is anywhere from $500, 000 to $2, 500, 000 over 10 years.
Shortened career due to health issues, memory loss due to lack of sleep/anxiety/depression.
Possible Board of Medicine infractions/involvement - Approx $800K/yr for over 5 years.
= $4, 000, 000 min.
Time off work at $7500 gross income per day for depositions, court, required meetings etc.
gross income 10 days = $75, 000.
Court recorder fees approx. ...

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