Lamkin v. National Steak Processors, Inc.

Filing 10

ORDER denying 1 , 3 and 5 Ruby Tuesday's motions to quash subpoenas and overruling Ruby Tuesday's objections to the same subpoenas. Signed by Magistrate Judge Thomas B. Smith on 4/18/2012. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MARGARET LAMKIN,
Plaintiff,
v.

Case No. 5:12-mc-3-Oc-10TBS

NATIONAL STEAK PROCESSORS, INC.
d/b/a NATIONAL STEAK & POULTRY,
Defendant,
JBS USA HOLDINGS, INC., a Delaware
Corporation and JBS USA LLC, a Delaware
Corporation,
Third-Party Defendants.
_____________________________________/
ORDER
Pending before the Court are:
1.

Non-Party, Ruby Tuesday, Inc.’s Objection to the Subpoena to Produce
Documents, Information or Objects or to Permit Inspection of Premises
in a Civil Action Served by National Steak Processors, Inc. d/b/a
National Steak & Poultry, et al., on or about March 1, 2012 (Doc. 1);

2.

Non-Party, Ruby Tuesday, Inc.’s Objection to the Subpoena to Produce
Documents, Information or Objects or to Permit Inspection of Premises
in a Civil Action Served by JBS USA Holdings, Inc. and JBS USA LLC
on or about March 9, 2012 (Doc. 3);

3.

Non-Party, Ruby Tuesday, Inc.’s Amended Objection to the Subpoena
to Produce Documents, Information or Objects or to Permit Inspection of
Premises in a Civil Action Served by National Steak Processors, Inc.
d/b/a National Steak & Poultry, et al., on or about March 1, 2012 (Doc.
5);

4.

National Steak Processors, Inc., d/b/a National Steak & Poultry’s
Response to Non-Party, Ruby Tuesday, Inc.’s Objection to Subpoena
(Doc. 6); and

5.

Third-Party Defendants JBS USA Holdings, Inc. and JBS USA, LLC’s
Joint Response to Non-Party Ruby Tuesday, Inc.’s Objection to
Subpoena (Doc. 7).

On April 18, 2012, the Court conducted a hearing on these matters. For the
reasons stated on the record at the hearing, all of which are hereby incorporated by
reference, it is ORDERED:
(1)

Non-Party, Ruby Tuesday, Inc.’s motions to quash the subpoenas

served by National Steak Processors, Inc. d/b/a National Steak & Poultry, et al., on or
about March 1, 2012 and by JBS USA Holdings, Inc. and JBS USA LLC on or about
March 9, 2012 (Docs. 1 & 3) are DENIED and all objections to the subpoenas are
OVERRULED.
(2)

Within ten (10) days of the rendition of this Order, Non-Party, Ruby

Tuesday, Inc. shall produce all purchase orders, invoices or other documents that
show where it obtained beef products during the period August 1, 2009 through
October 31, 2009.
(3)

The Court is not ordering payment of fees related to compliance with the

subpoenas at this time. If the parties are unable to resolve the issue of fees, they may
file a motion with the Court.
IT IS SO ORDERED.
DONE AND ORDERED in Ocala, Florida, on April 18, 2012.

Copies to all Counsel
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