Abdullatif Jameel Hospital v. Integrity Life Sciences, LLC

Filing 71

ORDER denying as moot, but without prejudice, 64 Plaintiff's Motion to Compel Document Production from Non-Party 2190 W. Busch Boulevard, LLC. Signed by Magistrate Judge Julie S. Sneed on 5/4/2017. (LBL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ABDULLATIF JAMEEL HOSPITAL,
Plaintiff,
v.

Case No: 8:15-cv-2160-T-35JSS

INTEGRITY LIFE SCIENCES, LLC,
Defendant.
___________________________________/
ORDER ON PLAINTIFF’S MOTION TO COMPEL DOCUMENT
PRODUCTION FROM NON-PARTY 2190 W. BUSCH BOULEVARD, LLC
THIS MATTER is before the Court on Plaintiff’s Motion to Compel Document Production
from Non-Party 2190 W. Busch Boulevard, LLC (“Motion”). (Dkt. 64.) In the Motion, Plaintiff
states that it served non-party 2190 W. Busch Boulevard, LLC (“2190”) with a subpoena to
produce documents in aid of execution, and, despite being served, 2190 has not responded to the
subpoena or produced responsive documents. Therefore, Plaintiff seeks an order compelling 2190
to respond to the subpoena and awarding Plaintiff its costs and fees incurred in bringing the
Motion. In response, 2190 contends that it was not properly served with the subpoena because the
individual who accepted service was not authorized to do so, and therefore requests that the Motion
be denied. (Dkt. 69.) Nonetheless, 2190 agrees to respond to the subpoena. (Dkt. 69 at 3.)
In light of 2190’s agreement to respond to the subpoena, the Motion is denied as moot.
Non-party 2190 shall respond to the subpoena within thirty (30) days of this Order. The Motion
is denied without prejudice to Plaintiff should renewal of the Motion become warranted upon
review of 2190’s responses to the subpoena. Plaintiff is reminded that unless service has been
effected on 2190, the Court lacks jurisdiction to enforce the subpoena.

See Wrangen v.

Pennsylvania Lumbermans Mut. Ins. Co., No. 07-61879, 2008 WL 5427785, at *1 (S.D. Fla. Dec.

30, 2008) (“In the absence of proper service of a subpoena on [a non-party] the Court lacks
jurisdiction over the [non-party]” and cannot compel it to permit a party’s inspection of its
property). Accordingly it is
ORDERED that Plaintiff’s Motion to Compel Document Production from Non-Party 2190
W. Busch Boulevard, LLC (Dkt. 64) is DENIED as moot, but without prejudice.
DONE and ORDERED in Tampa, Florida, on May 4, 2017.

Copies furnished to:
Counsel of Record
Any Unrepresented Party

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