DISCOVERY - Facebook history edition and reasonably related calculations

Volokh @ Volokh:

Under the basic principles for evaluating discovery in Florida, the party seeking discovery must establish that it is (1) relevant to the case’s subject matter, and (2) admissible in court or reasonably calculated to lead to evidence that is admissible in court…. Defendants have not met this burden as to the requested discovery.

Root’s complaint contains claims on behalf of Gage ... for loss of parental consortium.

...As to Gage’s claims for negligence, none of the objected-to discovery pertains to the accident itself. Similarly, none of the objected-to discovery pertains to Defendants’ affirmative defenses….

The requested discovery also appears at this time to be irrelevant to Root’s claims for loss of consortium. Although Root’s deposition has been taken, Defendants do not point to anything claimed by her in support of their contention that the requested information is relevant and discoverable. Generally, any such discovery should have been limited to that related to the impact of Gage’s injury upon Root.

Moreover, the scope of the discovery compelled in categories (i) and (o)(i, ii, iii, v) regarding Root’s relationships with her entire family and significant others, her mental health history, her substance use history, and her litigation history appears to be the type of carte blanche discovery the [Florida] supreme court [has] sought to guard against ….

Significantly, one defendant’s argument to the magistrate who heard the discovery issues supports Root’s contention that the requested discovery constitutes a fishing expedition. The defendant’s attorney stated, “These are all things that we would like to look under the hood, so to speak, and figure out whether that’s even a theory worth exploring.” Even the magistrate acknowledged that relevancy might be a problem, noting that “95 percent, or 99 percent of this may not be relevant.” The magistrate also expressed some misgivings at the possibility that large amounts of material might have to be reviewed in camera.