MS Health, Inc. v. Catholic Charities, Diocese of St. Petersburg, Inc.
8:20-cv-02118
| M.D. Fla. | Apr 9, 2021Background
- MS Health, Inc. sued Catholic Charities, Diocese of St. Petersburg, Inc., alleging copyright infringement, breach of contract, and DMCA violations.
- Catholic Charities served interrogatories and requests for production on Nov. 24, 2020; MS Health served initial disclosures on Nov. 30, 2020 and amended discovery responses on Jan. 25, 2021.
- Catholic Charities notified MS Health of alleged discovery deficiencies; MS Health promised supplementation but produced limited supplemental material (e.g., two-page “Unofficial Certificate Preview” and some voicemails/emails).
- Catholic Charities moved to compel further discovery, identifying four remaining disputes: (1) a detailed computation of a $500,000 development-fee damage claim, (2) fuller answers to Interrogatories Nos. 2 and 3, (3) documents responsive to Requests for Production Nos. 1–3 (copyright registration/application/communications), and (4) attorney’s fees for bringing the motion.
- The court reviewed the supplemented responses and limited production and set the remaining issues for resolution.
Issues
| Issue | Plaintiff's Argument (MS Health) | Defendant's Argument (Catholic Charities) | Held |
|---|---|---|---|
| 1. Detail of $500,000 damages computation in initial disclosures | MS Health provided an initial computation and will amend as discovery proceeds; estimates may suffice | Catholic Charities says Rule 26 requires a computation and supporting materials now, not vague statements | Granted — MS Health must provide a detailed computation and supporting materials by April 23, 2021 |
| 2. Interrogatories Nos. 2 & 3 (factual basis for access/infringement allegations) | Objection as premature contention interrogatories; provided limited facts and will supplement later | Catholic Charities contends answers lack factual detail and more exists | Denied — MS Health’s current responses were sufficient; must supplement if additional information arises |
| 3. Requests for Production Nos. 1–3 (copyright certificate, application, communications with Copyright Office) | MS Health produced a two-page “Unofficial Certificate Preview” and said it would produce responsive non-privileged docs | Catholic Charities says the two-page document is insufficient and more responsive materials likely exist | Granted — MS Health must produce documents responsive to RFPs 1–3 |
| 4. Award of attorney’s fees for motion to compel | MS Health opposed fees, arguing partial compliance and ongoing discovery | Catholic Charities sought fees because some requests were not fully answered | Denied — court exercised discretion and ordered each party to bear its own fees |
Key Cases Cited
- ACLU of Fla., Inc. v. City of Sarasota, 859 F.3d 1337 (11th Cir. 2017) (discovery’s scope includes nonprivileged, relevant, and proportionate information)
- Panola Land Buyers Ass’n v. Shuman, 762 F.2d 1550 (11th Cir. 1985) (responding party must specifically demonstrate that discovery is unreasonable or unduly burdensome)
