Arthrex, Inc. v. Parcus Medical, LLC

Filing 131

ORDER granting 130 the Non-Party, Orlando Orthopaedic Outpatient Surgery Center, LLC.'s Motion to Quash Subpoena Duces Tecum. The subpoena duces tecum served on the Non-Party Orlando Orthopedic Outpatient Surgery Center on March 7, 2013 is hereby QUASHED. Signed by All Divisional Judges on 3/12/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ARTHREX, INC.,
Plaintiff,
v.

Case No: 2:11-cv-694-Ftm-29SPC

PARCUS MEDICAL, LLC,
Defendant.
___________________________________/
ORDER
This matter comes before the Court on the Non-Party, Orlando Orthopeadic Outpatient
Surgery Center, LLC.'s (OOOSC) Motion to Quash Subpoena Duces Tecum (Doc. #130) filed
on March 11, 2013. Pursuant Fed. R. Civ. P. 45(c)(3)(A)(i), a subpoena shall be quashed if it
fails to allow a reasonable time to comply. In re Rule 45 Subpoena to Fidelity National
Information Services, Inc., 2009 WL4899399 * 1 (M.D. Fla. December 11, 2009). Although
reasonable time is not explicitly defined in this section of Rule 45, other courts have looked at
the language of Rule 45(c)(2)(B) to find fourteen (14) days for the date of service is
presumptively reasonable. Id. (citing McClendon v. TelOhio Credit Union, Inc., 2006 WL
2380601 (S.D. Ohio August 14, 2006)).
As grounds to quash the subpoena, OOOSC states that it was served with the subpoena
on March 7, 2013, and directed to produce/appear on March 11, 2013. OOOSC only had one (1)
actual working day to locate and gather the documents requested in the subpoena. The Court
finds that OOOSC was not given sufficient notice under Rule 45 to comply with the subpoena.
Thus, good cause exists to grant the Motion and quash the subpoena duces tecum.
Accordingly, it is now

ORDERED:
The Non-Party, Orlando Orthopaedic Outpatient Surgery Center, LLC.'s Motion to Quash
Subpoena Duces Tecum (Doc. #130) is GRANTED. The subpoena duces tecum served on the
Non-Party Orlando Orthopedic Outpatient Surgery Center on March 7, 2013 is hereby
QUASHED.
DONE and ORDERED in Fort Myers, Florida this 12th day of March, 2013.

Copies: All Parties of Record

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