Swearingen v. Progressive Express Insurance Company

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

MARY SWEARINGEN,

Plaintiff,

v. Case No: 6:24-cv-2328-PGB-LHP

PROGRESSIVE EXPRESS INSURANCE COMPANY,

Defendant

ORDER This cause comes before the Court following a hearing (Doc. Nos. 33, 36) on the following motions filed herein: MOTION: PROGRESSIVE EXPRESS INSURANCE COMPANY’S MOTION TO COMPEL AND MOTION FOR IN-CAMERA INSPECTION OF DOCUMENTS WITHHELD ON JEFFREY M. BYRD’S PRIVILEGE LOG (Doc. No. 29) FILED: May 21, 2025

THEREON it is ORDERED that the motion is GRANTED in part and DENIED in part. MOTION: PROGRESSIVE EXPRESS INSURANCE COMPANY’S MOTION FOR PROTECTIVE ORDER (Doc. No. 31) FILED: June 5, 2025

THEREON it is ORDERED that the motion is GRANTED. Pursuant to prior notice, see Doc. No. 33, a hearing was held with counsel today, June 26, 2025, on the above-styled motions. Doc. No. 36. Following argument of counsel, and for the reasons set forth on the record at the hearing, it is

ORDERED as follows: 1. Progressive Express Insurance Company’s Motion to Compel and Motion for In-Camera Inspection of Documents Withheld on Jeffrey M. Byrd’s Privilege Log (Doc. No. 29) is GRANTED in part and DENIED in part. Defendant’s request for

in camera inspection is GRANTED, as the materials were previously submitted to the Court for in camera review. See Doc. No. 34. Following in camera inspection, the motion is further GRANTED to the extent that certain of the withheld

documents must be produced. See Humbertson v. Progressive Select Ins. Co., No. 8:23-cv-1709-MSS-AAS, 2024 WL 3426856 (M.D. Fla. July 15, 2024); Robles v. GEICO Indem. Co., No. 8:19-cv-1293-T-60AAS, 2020 WL 1529968 (M.D. Fla. Mar. 31, 2020).

It is ORDERED that within ten (10) days of the date of this Order, Plaintiff shall produce to Defendant the following: a. The first three sentences of the first page of document Bates Nos. SDT Byrd 0621 - 0627. The remainder shall be redacted as privileged. b. Bates Nos. SDT Byrd 0628 - 0629.

c. The first three sentences of the first page of document Bates Nos. SDT Byrd 0634 - 0640. The remainder shall be redacted as privileged. d. Bates Nos. SDT Byrd 0641 - 0643.

e. Bates Nos. SDT Byrd 0645 - 0647. 2. Progressive Express Insurance Company’s Motion to Compel and Motion for In-Camera Inspection of Documents Withheld on Jeffrey M. Byrd’s Privilege Log (Doc. No. 29) is DENIED in all other respects. 3. Progressive Express Insurance Company’s Motion for Protective Order (Doc. No. 31) is GRANTED. The depositions noticed by Plaintiff of Susan Soard for July 28, 2025 at 10:00 a.m. and Morris Steele on July 30, 2025 at 10:00 a.m. (Doc. No. 31-2) are hereby CANCELED. 4, Counsel are reminded of their obligation to engage in civil and cooperative discovery. Middle District Discovery (2021) § (I)(A)(1).

DONE and ORDERED in Orlando, Florida on June 26, 2025. Libis the Hear Hie LESLIE IAN PRICE UNITED STATES MAGISTRATE JUDGE -3-

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Counsel of Record Unrepresented Parties