Pantoja v. Edward Zengel & Son Express, Inc.

Filing 16

ORDER granting 1 Defendant's Objection and Expedited Motion for Protective Order and/or Motion to Quash Non-Party Subpoenas. Signed by Magistrate Judge Sheri Polster Chappell on 9/1/2011. (LMH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

MANUEL PANTOJA, individually and on behalf
of all similarly situated plan participant/beneficiary
Plaintiff,
-vs-

Case No. 2:11-mc-00006-FtM-29SPC

EDWARD ZENGEL & SONS EXPRESS, Inc.,
MARIE ZENGEL
Defendants.
______________________________________

ORDER
This matter comes before the Court on Defendant’s Objection and Expedited Motion for
Protective Order and/or Motion to Quash Non-Party Subpoenas (Doc. #1) filed on February 25,
2011. Defendant requests the entry of a protective order by this Court that would protect certain
non-parties from Plaintiff’s document subpoenas. Since that time, the Parties have informed the
Court that whether certain document productions will take place depends on a ruling in the
underlying proceeding regarding class certification, which is pending in the Southern District of
Florida. Any determination in those proceedings could possibly moot the Motion for Protective
Order before this Court. The magistrate judge in the underlying proceeding has issued a report and
recommendation on the class certification issue, but it has not been addressed by the district court.
Therefore, the Parties have jointly requested six extensions of the deadline for Plaintiff to respond
to the instant Motion, with the most recent extension being until August 29, 2011. No extension
request or response was filed by this deadline.

Given that the resolution of the instant Motion hinges on the class certification findings that
will be made in the underlying proceeding and given that it is unclear when the underlying
proceedings regarding class certification will be resolved, the Court finds good cause to grant the
motion for protective order at this time and any obligation of Pension Consultants & Administrators,
Inc. to product documents is stayed. Plaintiff may move this Court to compel production of the
documentation if necessary after a ruling from the Southern District of Florida.
Accordingly, it is now
ORDERED:
Defendant’s Objection and Expedited Motion for Protective Order and/or Motion to Quash
Non-Party Subpoenas (Doc. #1) is GRANTED.
DONE AND ORDERED at Fort Myers, Florida, this

Copies: All Parties of Record

1st

day of September, 2011.