1:24-cv-24089
S.D. Fla.Feb 4, 2025Background
- Plaintiff, Elizabeth Santiago-Duran, filed a class-action lawsuit against Vanguard Parking Solutions Inc. and others for alleged violations including the Drivers Privacy Protection Act, the Florida Consumer Collection Practices Act, the Fair Debt Collection Practices Act, as well as unjust enrichment and negligence.
- Plaintiff accuses Defendants of conspiring to overcharge the public for parking garage use, collecting and sharing these overcharges.
- Discovery disputes arose: Plaintiff moved to compel certain interrogatories and requests for production; Vanguard sought an extension to respond.
- The court initially ruled that Vanguard had waived its discovery objections by not timely responding, and ordered full responses.
- Vanguard later moved for reconsideration, arguing its extension request included objections and that it did not intend to waive.
- A hearing was held, and the court clarified and ruled on specific objections to Plaintiff’s discovery requests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Vanguard waived objections to discovery by missing the deadline | Vanguard waived all objections by failing to timely respond | Vanguard did not intentionally waive objections; requested extension to respond and object | Court agreed to reconsider; found ambiguity in the record, allowed objections to be heard |
| Whether discovery sought by Plaintiff was overbroad or implicated trade secrets | Requests were proper and necessary for class certification | Requests were overbroad, premature for merits, and implicated trade secrets | Some objections overruled; responses to be given under protective order |
| Specific responses to Interrogatory No. 12 and Requests for Production Nos. 18, 21, 22, 23 | All requests and interrogatories were justified | Certain requests sought cumulative or overbroad information | Objections to No. 12 and No. 18 overruled (must respond); objections to Nos. 22 and 23 sustained (cumulative), No. 21 withdrawn |
| Scope of discovery at class certification stage | Full discovery needed to show class-wide causation and injury | Discovery should be limited to class certification, not merits | Court permitted discovery aiding class certification but limited cumulative or overbroad requests |
Key Cases Cited
- Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. 455 (2013) (class certification inquiry may overlap with merits of underlying claim)