Salvato v. Miley, 2013 WL 2712206 (M.D. Fla. June 11, 2013).
In this wrongful death litigation, the plaintiff’s motion to compel discovery was quashed because he failed to show the relevancy of the requested data and the discovery requests were too broad in scope. The plaintiff’s son’s death was allegedly caused by the use of excessive force by the defendant police officers, and the defendants’ failure to obtain medical treatment for the victim. The plaintiff submitted a motion to compel one defendant’s response to an interrogatory. The interrogatories included requests for email addresses, phone numbers, social media, and blog accounts. The contested requests included production of full cell phone records and text messages, social media messages, comments posted on websites, and emails related to the plaintiff’s allegations. The defendants objected, claiming that these requests invaded their privacy, would produce only irrelevant information and were intended to annoy them. The plaintiff claimed they had “hope” that the information was relevant, but the court found that the plaintiff did not meet the threshold showing that the information would reasonably lead to the discovery of admissible evidence. The “mere hope” that the information would be relevant was not enough, and the court denied the request to compel.