Opinion
6:20-cv-2314-RBD-LHP
11-15-2022
BEVERLY MASSEY MOUNT, TERESA JOHNSON, SHAQUATAN NICOLE FLEMMING, QUINEISHA HYLTON and NATHANIEL JACKSON, Plaintiffs, v. PULTE HOME COMPANY, LLC and S&ME, INC., Defendants
ORDER
LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE.
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: PULTE HOME COMPANY, LLC'S UNOPPOSED SHORT-FORM DISCOVERY MOTION TO COMPEL NONPARTY MARVIN C. ZANDERS FUNERAL HOME, INC.'S COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS (Doc. No. 115)
FILED: November 3, 2022
THEREON it is ORDERED that the motion is GRANTED.
Defendant Pulte Home Company, LLC ("PHC") moves to compel non-party, Marvin C. Zanders Funeral Home, Inc. to comply with a subpoena to produce documents, which subpoena was served on Marvin C. Zanders Funeral Home, Inc. on September 14, 2022 and required responsive production by October 6, 2022. Doc. No. 115. See also id. at 7-11 (copy of subpoena and exhibit). According to the motion, PHC has communicated with Marvin C. Zanders Funeral Home, Inc. representatives on multiple occasions, but the non-party has failed to produce responsive documents. Id. at 3. So, PHC seeks an Order finding all objections waived, and compelling Marvin C. Zanders Funeral Home, Inc. to produce all documents responsive to the subpoena. Id.
The motion also includes a Local Rule 3.01(g) certification stating that Marvin C. Zanders Funeral Home, Inc.'s representative, Linda Wright, has advised PHC that there is no objection to the entry of a Court Order requiring compliance with the subpoena and production of documents within thirty (30) days. Id. And Plaintiffs' counsel likewise has indicated no objection to the motion. Id. Indeed, no timely responses to PHC's motion have been received. See Doc. No. 6 ¶ 5 (providing that opposition briefing to a discovery motion must be filed no later than five days after the motion). Thus, the Court deems the motion to be unopposed. See id.
Upon review, the Court finds the unopposed motion well taken. Accordingly, PHC's Unopposed Short-Form Discovery Motion to Compel Nonparty Marvin C. Zanders Funeral Home, Inc.'s Compliance with Subpoena to Produce Documents (Doc. No. 115) is GRANTED, and it is ORDERED as follows:
1. On or before December 15, 2022, Nonparty Marvin C. Zanders Funeral Home, Inc. shall fully comply with the Subpoena to Produce Documents. See Doc. No. 115, at 7-11.
2. All objections to the production required by the subpoena have been waived. See Cadle v. GEICO Gen. Ins. Co., No. 6:13-cv-1591-Orl-31GJK, 2014 WL 12639859, at *3 (M.D. Fla. Aug. 29, 2014) (“Typically, failure to serve written objections to a subpoena in the time provided by [Rule 45] waives any objections that party may have.”).
3. Failure to comply with this Order may result in sanctions. See Fed.R.Civ.P. 45(f); 37(b)(2).
DONE and ORDERED.