United States Equal Employment Opportunity Commission v. Hospman, LLC

Filing 33

ORDER granting 32 Defendant Hospman, LLC's Motion to Compel Production from Non-Party without Deposition. See Order for details. Signed by Magistrate Judge Carol Mirando on 5/27/2016. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES EQUAL
EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
v.

Case No: 2:15-cv-419-FtM-29CM

HOSPMAN, LLC,
Defendant.
ORDER
Before the Court is Defendant Hospman, LLC's Motion to Compel Production
from Non-Party without Deposition (Doc. 32). No response in opposition has been
filed, and the time has expired for Plaintiff to do so. For the reasons set forth below,
Defendant’s Motion is granted.
Pursuant to the federal rules the party serving the subpoena may move the
Court for an order requiring compliance with subpoena.
45(d)(2)(B)(i).

Fed. R. Civ. P.

Here, Defendant served subpoenas on the Florida Department of

Revenue (the “Department”) for Sales Tax Returns from January 1, 2012 – July 31,
2012 for the Best Western Airport Inn and from January 1, 2012 – July 31, 2012 for
the Floridian Airport Inn.

Doc. 32 at 1.

The Department objected pursuant to

Florida Statutes § 213.053(9), which provides, in pertinent part, that the Department
shall provide returns “pursuant to an order of a judge of a court of competent
jurisdiction.” Defendant states that this information is critical to its defense that it

had a legitimate reason to terminate employment. Accordingly, the Court will order
the Department to comply with the subpoenas on or before June 27, 2016.
ACCORDINGLY, it is hereby
ORDERED:
Defendant Hospman, LLC's Motion to Compel Production from Non-Party
without Deposition (Doc. 32) is GRANTED. The Florida Department of Review must
comply with the subpoenas on or before June 27, 2016.
DONE and ORDERED in Fort Myers, Florida on this 27th day of May, 2016.

Copies:
Counsel of record

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