Florida Oncology Network, P.A. v. Montejo

Filing 43

ORDER granting 42 Motion to Quash. See order for further instructions. Signed by Magistrate Judge Karla R. Spaulding on 1/21/2014. (Spaulding, Karla)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FLORIDA ONCOLOGY NETWORK, P.A.,
Plaintiff,
-vs-

Case No. 6:13-cv-1735-Orl-22KRS

MICHAEL MONTEJO,
Defendant.
________________________________________

ORDER
This cause came on for consideration without oral argument on the following motion filed
herein:
MOTION:

DR. MONTEJO’S MOTION TO QUASH SUBPOENAS
DUCES TECUM AND ALTERNATIVE MOTION FOR
PROTECTIVE ORDER (Doc. No. 42)

FILED:
January 20, 2014
_______________________________________________________
THEREON it is ORDERED that the motion is GRANTED.
Plaintiff, Florida Oncology Network, P.A. (“FON”), issued subpoenas to the non-parties
Verizon Wireless and AT&T Wireless on December 26, 2013. Doc. Nos. 42-3 at 3, 42-4 at 3. The
parties did not meet to prepare the Case Management Report until January 7, 2014. Defendant,
Michael Montejo, now moves to quash those subpoenas as prematurely served.

Under Local Rule 3.05(c)(2)(B), a party may not seek discovery from any source before the
case management meeting.

Because the subpoenas were served prematurely, the motion is

GRANTED and the subpoenas are QUASHED.
Plaintiffs may serve the discovery requests again. Before doing so, however, the Court
recommends that they review the Middle District Discovery Handbook (2001), which is available on
the Court’s website. In addition, it appears to the Court that the subpoena to AT&T Wireless may not
have been properly issued in that it purports to require a non-party located in Plantation (which is
in the Southern District of Florida) to produce documents in Orlando (which is in the Middle
District of Florida).
It is further ORDERED that counsel for Defendant shall forthwith provide a copy of this order
to non-parties Verizon Wireless and AT&T Wireless and file a certificate of compliance with this
requirement. If any documents or other information has already been produced in response to the
subpoenas, it is ORDERED that Defendant shall return the documents and other information, and all
copies thereof, to the producing entity.
DONE and ORDERED in Orlando, Florida on January 21, 2014.

Karla R. Spaulding
KARLA R. SPAULDING
UNITED STATES MAGISTRATE JUDGE

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