On May 7, 2013, the United States District Court for the Middle
District of Florida issued a decision addressing the scope of
discovery permitted during non-compete litigation. See Carolina
Bedding Direct, LLC, v. Downen, No. 3: 13-cv-336-J-32MCR (M.D.
Fla. May 7, 2013). The Plaintiff/Employer (the
"Employer") in Carolina Bedding filed a complaint against
a former employee (the "Employee") seeking permanent
injunctive relief enjoining the Employee from breaching a
non-compete and non-solicitation agreement. Carolina
Bedding at *1. The Employer also sought relief against the
Employee for allegedly accessing the Employer's computer
system. Id.
Five days after filing the complaint for injunctive relief, the
Employer served interrogatories, request for production and request
for admissions on the Employee. The Employer also served the
Employee with a request for inspection seeking inspection of any
computers, hard drives or electronic devices used by the Employee
for
