Multiplan, Inc. et al v. Holland et al

Filing 2

ORDER: Non-Party Coventry Health Care Workers Compensation, Inc.'s Objections, Motion and Incorporated Memorandum of Law to Quash Subpoena, and Motion for Protective Order (Doc. # 1 ) is GRANTED to the extent that the Motion is transferred to the Southern District of Mississippi. The Clerk is directed to TRANSFER this Motion to the United States District Court for the Southern District of Mississippi and thereafter CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 7/24/2017. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MULTIPLAN, INC., et al.,
Plaintiffs,
v.

Case No. 8:17-mc-86-T-33JSS

STEVEN W. HOLLAND, et al.,
Defendants.
_____________________________/
ORDER
This matter comes before the Court upon consideration of
Non-Party Coventry Health Care Workers Compensation, Inc.’s
Objections, Motion and Incorporated Memorandum of Law to
Quash Subpoena, and Motion for Protective Order (Doc. # 1),
filed on July 24, 2017. In its Motion, Coventry indicates
that it was served a subpoena by Steven W. Holland on July 7,
2017. (Id. at 2). The subpoena was issued from the United
States

District

Court

for

the

Southern

District

of

Mississippi and seeks non-party discovery related to case
number 1:14-cv-315-LG-RHW, which is currently pending in the
Southern District of Mississippi. (Doc. # 1-3).
Coventry begins its Motion by “consent[ing] to [its]
motion being decided by the Southern District of Mississippi
(Case No.: 14-cv-315-LG-RHW), which is the issuing court . .

.

and

the

Court

in

which

the

underlying

litigation

is

pending.” (Doc. # 1 at 1-2). And Coventry explicitly requests
that the Motion be transferred to the Southern District of
Mississippi. (Id. at 2).
Federal

Rule

of

Civil

Procedure

45(f)

states

that,

“[w]hen the court where compliance is required did not issue
the subpoena, it may transfer a motion under this rule to the
issuing court if the person subject to the subpoena consents
. . . .” Because this Court did not issue the subpoena and
Coventry consents to — indeed, requests — transfer of this
Motion to the Southern District of Mississippi, the Court
grants the Motion insofar as the Motion is transferred to the
Southern District of Mississippi. The Court expresses no
opinion on the underlying merits of the Motion.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Non-Party Coventry Health Care Workers Compensation,
Inc.’s Objections, Motion and Incorporated Memorandum of
Law to Quash Subpoena, and Motion for Protective Order
(Doc. # 1) is GRANTED to the extent that the Motion is
transferred to the Southern District of Mississippi.

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(2)

The Clerk is directed to TRANSFER this Motion to the
United States District Court for the Southern District
of Mississippi and thereafter CLOSE this case.
DONE and ORDERED in Chambers in Tampa, Florida, this

24th day of July, 2017.

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