ORDER

CAROL MIRANDO, Magistrate Judge.

Before the Court is Plaintiff's Motion to Compel (Doc. 27) filed on April 21, 2014. Defendant's Opposition (Doc. 28) was filed on May 5, 2014. This is a first-party insurance bad faith action brought pursuant to Fla. Stat. § 624.155, arising out of an earlier lawsuit concerning coverage for underinsured motorist benefits. Defendant removed the case to this Court based on diversity jurisdiction. Doc. 1. Plaintiff David Bowdler ("Bowdler") moves to compel Defendant State Farm Mutual Insurance Company ("State Farm") to produce documents listed on its privilege log as protected by the Florida mediation privilege. Doc. 27-3. State Farm responds that the documents are protected because the documents contain mediation communications and are irrelevant. State Farm, as the party asserting privilege, bears the burden of proof. Tyne v. Tyne Warner Entertainment Co., L.P., 212 F.R.D. 596, 599 (M.D. Fla. 2002). For the reasons stated herein, the Court finds that the documents are not protected by the mediation privilege and are relevant; therefore, the Motion is granted.

I. Background

Bowdler had $2 million in underinsured motorist coverage through a policy with State Farm. On December 27, 2008, Bowdler was in a car accident with another driver who was considered an "underinsured motorist" with bodily injury limits of $25,000. Doc. 2 at 2. Bowdler settled with and released that driver upon payment of the policy limits. Doc. 27-2 at 1. Plaintiff filed a claim with State Farm and thereafter filed suit against State Farm in state court ("underlying litigation"). State Farm did not dispute coverage, but the parties disagreed as to the amount of Plaintiff's damages. Id. at 2. After the parties attempted but were unable to resolve the underlying litigation through mediation ("underlying mediation"), the case went to jury trial and resulted in a $3,019,955.00 verdict for the Plaintiff. Id. Judgment was thereafter entered against State Farm. Id. State Farm has not paid the amount of the judgment. Doc. 3 at ¶ 16. In this lawsuit, Plaintiff alleges that State Farm handled his underinsured motorist claim in the underlying litigation in bad faith by, among other things, failing to timely pay him the benefits he purchased and to settle his claim when Defendant could and should have done so. Doc. 2 at ¶ 10, 13.

On July 22, 2013, Plaintiff served a Request to Produce on State Farm. Doc. 27-1. State Farm responded (Doc. 27-2) and produced a privilege log (Doc. 27-3). At withheld or redacted by State Farm in response to Request No. 1 based on the mediation privilege. Doc. 27-3 at 6. Request No. 1 requests State Farm to produce:

Doc. 27-1 at ¶ 1. State Farm responded:

Doc. 27-2 at 4. State Farm's privilege log provides, in relevant part:

Doc. 27-3 at 6.

II. Analysis

Plaintiff moves to compel the log notes, arguing that because the parties to the underlying mediation are the same two parties in this bad faith action, the log notes are not protected by Florida's mediation privilege. Fla. Stat. § 44.405(1). State Farm argues that the log notes are protected and are irrelevant because they are not admissible at trial.1

A. Mediation Privilege

State Farm describes the log notes as constituting an "analysis of the entire mediation proceeding and log notes relating to events that occurred at mediation" and as "claim file notes summarizing or analyzing communications that took place at mediation." Doc. 28 at 3-4. Under Florida law, all mediation communications shall be confidential, and participants shall not disclose a mediation communication to a person other than another mediation participant2 or a participant's counsel. Fla. Stat. § 44.405. Under the definitions section of the Florida statute, a "mediation communication means an oral or written statement, or nonverbal conduct intended to make an assertion, by or to a mediation participant made during the course of a mediation, or prior to mediation if made in furtherance of a mediation." Fla. Stat. § 44.403(1). Plaintiff relies on MapleWood Partner, L.P. v. Indian Harbor Ins. Co., 295 F.R.D. 550, 626-27 (S.D. Fla. July 16, 2013), which ordered that documents withheld from production based upon the mediation privilege be produced because plaintiffs, defendants, and their counsel attended the mediation. Id. State Farm responds that MapleWood is not applicable to this case because it is not withholding communications between mediation participants; rather, it is withholding its internal analysis and summary of communications that took place at the underlying mediation proceedings.

The Court finds that statutory mediation privilege does not apply to the log notes in these circumstances. It does not appear based upon State Farm's description of the log notes that the entirety of the log notes are "mediation communications" as defined by the statute, which are oral or written assertions by or to a mediation participant during the course of the mediation. See Fla. Stat. § 44.403(1). Rather, State Farm describes the log notes as a summary and analysis of communications that took place at the underlying mediation.3 The Court agrees with Plaintiff that a summary of communications made during the mediation would be considered mediation communications, and the privilege would not apply to these communications because Plaintiff and Plaintiff's counsel were participants in the underlying mediation. Further, State Farm's internal analysis of the communications that occurred at mediation does not fall within the statutory definition of "mediation communications," because it is not an oral or written statement made by or to a mediation participant during the course of the mediation. While this portion of the log notes may be protected by some other privilege, such as attorney-client or work product, State Farm only asserted the mediation privilege in its privilege log. Thus, State Farm is directed to produce the log notes.

B. Relevance

State Farm next argues the log notes contain confidential mediation information that is irrelevant, because the conduct surrounding mediation is inadmissible at trial, citing Federal Rule of Evidence 408, and because the log notes are protected by the mediation privilege. The standard for relevancy is not admissibility at trial; rather, if the information appears reasonably calculated to lead to the discovery of admissible evidence and is not privileged, it is discoverable. Fed. R. Civ. P. 26(b)(1).

In this case, Plaintiff alleges that State Farm engaged in bad faith in the underlying litigation by failing to settle the case when it should have. The log notes concerning the underlying mediation are relevant, even if not ultimately admissible at trial, as the log notes could lead to the discovery of admissible evidence regarding Plaintiff's claim. Further, State Farm has not shown that the log notes are otherwise protected by any privilege. Whether the log notes are admissible at trial is not the standard used at this stage of the proceedings. Thus, State Farm is directed to produce the log notes.

ACCORDINGLY, it is hereby

ORDERED:

Plaintiff's Motion to Compel (Doc. 27) is GRANTED. State Farm shall produce the log notes on or before May 23, 2014.

DONE and ORDERED.