In Larosiere v. Wilson, 2026 WL 406775 (M.D. Fla. Feb. 13, 2026), the Middle District of Florida issued a discovery order that offers particularly detailed guidance on “possession, custody, or control” under Eleventh Circuit law. Relying on Searock v. Stripling, the court reiterated that control is defined not merely by physical possession, but by the legal right to obtain documents upon demand. Applying this standard, the court sustained in part objections to requests directed to the defendant in his individual capacity where the discovery sought corporate records belonging to the defendant entities. The court emphasized that a party’s discovery obligations must be evaluated in light of the capacity in which the party is sued, declining to compel the defendant individually to produce materials more appropriately sought from corporate defendants or third-party sources, particularly where those requests were not yet ripe.

At the same time, the court drew an important boundary limiting the reach of such objections. The order clarified that an individual defendant cannot avoid production simply because responsive materials concern corporate affairs. To the extent documents or communications resided within the individual defendant’s personal possession, custody, or control, production was required regardless of their corporate subject matter. The court compelled amended responses and targeted productions spanning multiple request categories, including personal records, communications relating to payments from defendant entities, and documents associated with cryptocurrency accounts where those accounts were personal or individually controlled. The court further underscored that the use of personal devices or personal email accounts for business purposes does not alter the control analysis; materials stored in such locations remain within an individual’s possession, custody, or control for discovery purposes. Party concessions also shaped the ruling, as the court denied portions of the motion where the plaintiff acknowledged that certain corporate-focused requests had been directed to entity defendants.

If your organization is seeking support with eDiscovery, our team has solutions to address all phases of the discovery process. At CODISCOVR, we deliver client-focused, defensible, and scalable solutions using advanced technology and intelligent review practices to meet eDiscovery, document review, and information governance needs in a manner that reduces the risks and costs associated with electronically stored information (ESI). Reach out to Nicole Gill, Chair, Managing Member, CODISCOVR. With almost a decade of experience, she manages complex and high-profile eDiscovery projects and routinely navigates data and privacy protection laws across many domestic and foreign jurisdictions.