United States District Court, M.D. Florida, Tampa Division
S. SNEED, UNTIED STATES MAGISTRATE JUDGE
MATTER comes before the Court on Plaintiff's Motion to
Compel (“Motion”) (Dkt. 20) and Defendant's
Response in Opposition to Plaintiff's Motion to Compel
(Dkt. 21). For the reasons the follow, Plaintiff's Motion
is granted in part and denied in part.
23, 2017, Plaintiff brought this bad faith action against
Defendant GEICO Indemnity Company (“GEICO”) in
the Circuit Court of the Sixth Judicial Circuit in Pinellas
County, Florida. (Dkt. 2.) On May 23, 2017, GEICO removed
this action to this Court pursuant to 28 U.S.C. §
1332(a). (Dkt. 1.) Plaintiff alleges that GEICO acted in bad
faith in its handling of the bodily injury claim brought by
Plaintiff against GEICO's insured Paul Wedmore arising
from an automobile accident that occurred on January 26, 2012
(“underlying action”). (Dkt. 2.) After the
accident, GEICO rejected Plaintiff's demand to tender the
policy limits of Mr. Wedmore's policy on April 3, 2012.
(Dkt. 20 at 2.) Plaintiff then sued Mr. Wedmore.
(Id.) After a jury trial, partial final judgment was
entered against Mr. Wedmore and in favor of Plaintiff,
followed by a judgment for attorney's fees and costs
against Mr. Wedmore. (Dkt. 2 ¶¶ 11-13.) Plaintiff
now seeks a declaratory judgment against GEICO declaring that
the insurance policy issued by GEICO to Mr. Wedmore affords
coverage for the judgment on attorney's fees and costs
entered against Mr. Wedmore. (Id. ¶¶
15-20.) Plaintiff also asserts claims for breach of contract
and common law bad faith against GEICO. (Id.
August 4, 2017, Plaintiff served GEICO with an Initial
Request for Production. (Dkt. 20-13.) Request Number 5 sought
a complete copy of the personnel files, from date of
employment through 2013, of the following GEICO employees:
(a) Altaira Hawkins; (b) any and all supervisors who
supervised Altaira Hawkins in 2012; (c) Marcy Jenkosfky; (d)
any and all supervisors who supervised Marcy Jenkofsky in
2012; (e) any other GEICO employees who evaluated or made
recommendations regarding the settlement of Plaintiff's
claims from the date of loss until January 2013. (Dkt. 20-13
at 3.) Additionally, Request Number 6 sought:
complete copy of any and all portions of GEICO's business
plans for the Lakeland, Florida office for the years 2011
through 2013 which in any way discuss or relate to the
following subject matter:
(a) Average loss payments and/or severity for bodily injury
(b) Evaluations, forecasts, and/or assumptions regarding
conditions affecting the severity of bodily injury claims;
(c) Negotiating with claimants and/or claimants'
(d) Good faith and/or bad faith claims handling;
(e) Company profits and/or market share;
(f) Evaluations of the quality of bodily injury liability
claims handling; and
(g) Bodily injury liability claims handling goals and methods
to achieve those goals.
(Id. at 3-4.) GEICO served its responses on
September 14, 2017, objecting to Requests 5 and 6. (Dkt.
20-14.) Plaintiff now seeks to compel the ...