Kazal v. Price

Filing 9

ORDER: Petitioner Adam Kazal's Emergency Motion to Compel (Doc. # 8 ) is GRANTED. The Court Compels Matthew Price to comply with the subpoena for documents and testimony for use in a proceeding in the Federal Court of Australia. Because t he hearing is set in the Australian Court for November 10, 2017, this Court requires that Price appear for his deposition by November 8, 2017. The Court understands that the time period for compliance is indeed short, but the need for the informatio n is great because Kazal's liberty is at stake. The Court retains jurisdiction over this matter to enforce the letter and the spirit of this Order. The Court requires immediate compliance with the terms of its Orders and will impose monetary sanctions on Price should Price fail to abide by the terms of the Court's Orders. Such sanctions could include attorneys' fees, costs, or other penalties. Signed by Judge Virginia M. Hernandez Covington on 11/7/2017. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ADAM KAZAL,
Petitioner,
v.

Case No.

8:17-cv-2620-T-33JSS

MATTHEW PRICE,
Respondent.
_________________________________/
ORDER
This cause comes before the Court pursuant to Petitioner
Adam Kazal’s Emergency Motion to Compel (Doc. # 8), which was
filed on November 7, 2017.

The Court grants the Motion as

follows.
Discussion
Kazal initiated this action on November 2, 2017, when he
filed

an

Emergency

Application

for

an

Order

Permitting

Discovery for use in a Foreign Proceeding Under 28 U.S.C. §
1782 and to Shorten Time for Notice to Respondent (Doc. # 1).
Kazal explained that he needs exculpatory information from
Price because Kazal is incarcerated in Australia and a hearing
is set in Australia on November 10, 2017.

This Court granted

Kazal’s first Emergency Motion on November 3, 2017. (Doc. #
3).

Among

other

determinations,

the

Court

ruled

that

“Petitioner may conduct discovery of Respondent Matthew Price,
including requiring him to produce documents and testify at a

deposition upon shortened notice of less than fourteen (14)
days as required by M.D. Fla. R. 3.02, by subpoena, deposition
notice, or as otherwise allowed by the Federal Rules of Civil
Procedure.” (Id. at 2).

The Court retained jurisdiction over

the matter to enforce the Order. (Id.).
At this juncture, Kazal has filed an Emergency Motion to
Compel pursuant to Federal Rule of Civil Procedure 45, Local
Rule 3.04, M.D. Fla., and supporting documentation. (Doc. #
8).

Price’s deposition was set for today, November 7, 2017,

in New Port Richey, Florida, but Kazal explains: “Price failed
to both appear at his scheduled deposition and produce a
single document, and as a result, Kazal’s freedom remains at
risk.” (Id. at 1).

Kazal indicates, “The hearing before the

Australian Court in Sydney is set for this Friday morning at
9:30 a.m. AEDT - 16 hours ahead of EDT - and the clock is
ticking.” (Id. at 3).
Here, Kazal requests an Order requiring Price to appear
for a Show Cause hearing on November 9, 2017, at 9:00 AM.
However, rather than holding a hearing, the Court determines
that

the

best

course

of

action

is

to

Order

immediate

compliance with the terms of the November 3, 2017, Order and
specifically direct Price to appear for a deposition to be

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held at a mutually convenient time to be coordinated by the
parties, to take place on or before November 8, 2017.
In the instance that Price fails to appear at the
deposition or fails to produce the required documents, he will
be subject to sanctions, including the payment of attorneys’
fees and costs or other penalties.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED that:
(1)

Petitioner Adam Kazal’s Emergency Motion to Compel (Doc.
# 8) is GRANTED.

(2)

The Court Compels Matthew Price to comply with the
subpoena

for

documents

and

testimony

for

use

proceeding in the Federal Court of Australia.

in

a

Because

the hearing is set in the Australian Court for November
10, 2017, this Court requires that Price appear for his
deposition by November 8, 2017.

The Court understands

that the time period for compliance is indeed short, but
the need for the information is great because Kazal’s
liberty is at stake.
(3)

The

Court

retains

jurisdiction

over

this

matter

to

enforce the letter and the spirit of this Order. The
Court requires immediate compliance with the terms of its
Orders and will impose monetary sanctions on Price should
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Price fail to abide by the terms of the Court’s Orders.
Such sanctions could include attorneys’ fees, costs, or
other penalties.
DONE and ORDERED in Chambers, in Tampa, Florida, this 7th
day of November, 2017.

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