Opinion
CIVIL ACTION NO.: 3:02CV210-SA-JAD.
December 19, 2008
CAME ON FOR HEARING the Plaintiff's Objections to the Magistrate's Order on Motion to Compel Defendants' Responses to Discovery Related to Punitive Damages [556] and the Court, being fully advised in the premises, finds that the Objections should be granted in part and denied in part.
IT IS, THEREFORE, ORDERED that each Defendant shall produce the following documents for the years 2000-2007: balance sheets, financial statements showing net worth, and federal 1040 forms. In addition, the corporate defendants, Farese Farese Farese, P.A. and Bruce Kaster, P.A., shall also produce profit and loss statements for the years 2000-2007.
These documents shall be filed under seal with the clerk no later than December 31, 2008, and at the same time shall be reviewed only by personnel employed by Smith Fawer, LLC and by one Certified Public Accountant designated by Smith Fawer, LLC.
To the extent that Plaintiff's Objections to Magistrate's Order on Motion to Compel Defendants' Responses to Discovery Related Punitive Damages seeks additional relief beyond what has been ordered by the Court, those Objections are denied without prejudice for reconsideration should the trial of this matter proceed to a punitive damages phase.
SO ORDERED.