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Government Employees Insurance Co. v. Analgesic Healthcare, Inc.

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

July 16, 2018

GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al., Plaintiffs,
v.
ANALGESIC HEALTHCARE, INC., and ROY EDGERTON, Defendants,

          ORDER

          AMANDA ARNOLD SANS ONE UNITED STATES MAGISTRATE JUDGE

         Analgesic Healthcare and Roy Edgerton move to quash a subpoena duces tecum GEICO served on The Bank of Tampa. (Doc. 110). GEICO[1] objects. (117). GEICO subpoenaed documents relevant to its claims against the defendants. Therefore, Analgesic and Mr. Edgerton's motion to quash is DENIED.

         I. BACKGROUND

         GEICO submitted a second amended complaint against Analgesic Healthcare and Mr. Edgerton in which GEICO asserts causes of action under the Declaratory Judgment Act, 28 U.S.C. Sections 2201 and 2202, and the RICO Act, 18 U.S.C. Section 1962. (Doc. 107). GEICO also alleges common law fraud, unjust enrichment, and violations of Florida, New Jersey, Minnesota, Massachusetts, and Pennsylvania law. (Doc. 107). GEICO essentially claims the defendants fraudulently submitted hundreds of charges to GEICO on behalf of patients, insured by GEICO, who received treatment for injuries sustained from auto accidents. (Doc. 107). Analgesic Healthcare and Mr. Edgerton deny GEICO's claims. (Doc. 114).

         GEICO served a subpoena duces tecum on The Bank of Tampa. (Doc. 117-1).

         In it, GEICO requested The Bank of Tampa produce all documents related to accounts maintained by Analgesic Healthcare, including:

copies of all deposit and/or withdrawal slips, canceled checks, transaction statements, electronic fund transfers, wire transfers, account ledgers, account formation and governance documents, corporate resolutions, signature cards, powers of attorney and all correspondence related to the accounts.

(Id.). GEICO requests documents from January 1, 2010 to present. (Id.).

         Analgesic Healthcare and Mr. Edgerton moved to quash GEICO's subpoena duces tecum served on The Bank of Tampa. (Doc. 110). Analgesic Healthcare and Mr. Edgerton claim GEICO's subpoena requests privileged information not subject to exception nor waiver. (Id. at 1). Analgesic Healthcare and Mr. Edgerton also claim GEICO's subpoena requests confidential business records and proprietary information-information in which they assert a privacy right and a real interest. (Id. at 2-5). Additionally, the defendants argue the requested bank records are irrelevant to GEICO's claims. (Id. at 4). Analgesic Healthcare and Mr. Edgerton also object to the temporal scope of GEICO's subpoena (all documents from January 1, 2010, to present). (Doc 110, p. 4).

         GEICO claims its subpoena requests documents for the period in which events that led to its claims took place. (Doc. 117, p. 1). GEICO argues the defendants have no standing to object to the subpoena. (Id. at 5-6). GEICO also argues the requested documents are relevant to its claims and not privileged or confidential. (Id. at 6-17). According to GEICO, its subpoena is not overbroad and a confidentiality order would alleviate the defendants' concerns about confidential business or proprietary information. (Id. at 18-19).

         II. ANALYSIS

         Under Federal Rule of Civil Procedure 26(b)(1), a party may obtain discovery about any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case. Fed.R.Civ.P. 26(b)(1). Discovery is meant to assist parties in ascertaining facts that bear on issues in the case. ACLU of Fla., Inc. v. City of Sarasota, 859 F.3d 1337, 1340 (11th Cir. 2017) (citations omitted).

         Federal Rule of Civil Procedure 45 permits discovery from non-parties by subpoena and requires the court ...


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