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Civil Procedure Keyed to Yeazell
Cerrato v. Nutribullet, LLC
Citation:
2017 U.S. Dist. LEXIS 64882 (M.D. Fla. Apr. 27, 2017); 2017 WL 3608266 (M.D. Fla. 2017)Facts
Plaintiff Phyllis was allegedly injured while using the Nutribullet Pro 900, a blender produced by Defendant. The blender allegedly exploded and resulted in hot liquids severely burning Phyllis Cerrato’s face and upper body, as well as causing property damage to the Plaintiffs’ kitchen. Plaintiffs brought a products-liability suit against Defendant. Among other things, Plaintiffs alleged that she was unable to untwist the blender’s cup from the base to turn it off. Defendant filed the instant motion to dismiss, arguing that Plaintiffs fabricated evidence to support their claims and committed fraud on the court. During discovery, Plaintiffs requested, among other things, (1) “[a]ll accident reports and records relating to any injury allegedly caused by the product,” and (2) “[a]ll consumer complaints of any type relating to the product.” Defendant objected to the requests as overbroad and not proportional to the needs of the case. Plaintiffs filed a motion to compel the production of the information.
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