Tag: FRCP 30(b)(6)

1
D’Agostin v. Fitness Int’l, LLC (D. Conn. May, 12, 2021)
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Hall v. Marriott Int’l, Inc. (S.D. Cal. 2021)

D’Agostin v. Fitness Int’l, LLC (D. Conn. May, 12, 2021)

Key Insight: The scope of discovery for Plaintiff is limited to requesting information regarding accidents involving falls in locker rooms with tile surfaces in Defendant’s facilities that occurred up to five years prior to the accident giving rise to litigation. Allowing Plaintiff to expand the scope to any tiled floor(s) within Defendant’s facilities would move discovery beyond the focal point of litigation.

Nature of Case: Premises Liability

Electronic Data Involved: N/A

Case Summary

Hall v. Marriott Int’l, Inc. (S.D. Cal. 2021)

Key Insight: This is a putative consumer class action alleging that defendant engaged in false and deceptive advertising in the way it represents the prices for its hotel rooms, services, and amenities. The court granted plaintiff’s motion to compel, finding that the revenue data sought by plaintiffs was relevant to damages—in how damages will be ascertained and how a damages model will be provided. Additionally, discovery regarding the fees charged (including: destination, amenity, resort, destination amenity fee, wi-fi, parking, and other fees) were relevant to understand the nature of the fees and the relationship to defendant’s revenues and determine the scope of the case for settlement discussions. The court also ordered defendant to obtain the requested revenue data from franchised hotels if it has a right to access the financial data through an audit or other contractual provision with the franchisee. Policies and procedures and consumer complaints relating to the charging of fees were also ordered to be produced.

Nature of Case: Consumer Class Action

Electronic Data Involved: Financial Data

Case Summary

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