PNC Bank National Association v. Olasunkanmi

Filing 22

ORDER granting 18 motion to compel. Signed by Magistrate Judge Amanda Arnold Sansone on 1/29/2019. (DMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PNC BANK,
Plaintiff,
v.

Case No. 8:18-cv-744-T-30AAS

TOLULOPE OLASUNKANMI,
Defendant.
______________________________________/
ORDER
PNC Bank moves to compel Tolulope Olasunkanmi to respond to PNC Bank’s
post-judgment discovery requests. (Doc. 18). The January 8th order directed Mr.
Olasunkanmi to respond to PNC’s motion by January 22nd. (Doc. 21). The deadline
for Mr. Olasunkanmi to submit his response passed, and he submitted no response.
Federal Rule of Civil Procedure 69(a)(2) states the following:
Obtaining Discovery. In aid of the judgment or execution, the
judgment creditor or a successor in interest whose interest appears of
record may obtain discovery from any person—including the judgment
debtor—as provided in these rules of by the procedure of the state where
the court is located.
The scope of discovery under Rule 69(a)(2) is the same as the scope of discovery
under Rule 26(b)(1). United States v. McWhirter, 376 F.2d 102, 105–06 (5th Cir. 1967)
(citations omitted);1 see also Pellegrino v. Koeckritz Development of Boca Raton, LLC,
No. 08-80164-CIV-MARRA/JOHNSON, 2009 WL 10701174, at *2 (S.D. Fla. Aug. 14,

The former Fifth Circuit’s decisions are binding precedent. Bonner v. City of
Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en banc).
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2009) (citing McWhirter). That is, a party may obtain post-judgment discovery about
relevant, nonprivileged material if the discovery requests are proportional to the
needs of the case. Fed. R. Civ. P. 26(b)(1); Pellegrino, 2009 WL 10701174 at*2.
PNC Bank has a money judgment against Mr. Olasunkanmi. (Doc. 11). Under
Rule 69(a)(2), PNC Bank is entitled to obtain post-judgment discovery of relevant,
nonprivileged material if its requests are proportional to the needs of the case.
The January 8th order pointed out a party’s failure to respond to a motion
indicates the motion is unopposed. Legends Collision Ctr., LLC v. State Farm Mut.
Auto. Ins. Co., No. 6:14-CV-6006-ORL-31TBS. 2016 WL 3406409, at *1 (M.D. Fla.
June 21, 2016) (citations omitted). Mr. Olasunkanmi’s failure to respond to PNC
Bank’s motion, therefore, indicates PNC Bank’s motion is unopposed.
The court reviewed PNC Bank’s thirty-nine discovery requests (Doc. 18, pp.
22–27) and finds all but two requests relevant and proportional to the needs of the
case. The two requests not apparently relevant or proportional to the needs of PNC
Bank’s judgment-collection efforts are the following:
20.

All passport books for the Judgment Debtor, whether current or
expired.
. . .

25.

Copies of all frequent flier, hotel award, or other comparable
travel club of the Judgment Debtor for the past five (5) years
preceding the date of response.

(Doc. 18, pp. 24–25). The undersigned fails to see the relevance of Mr. Olasunkanmi’s
current or expired passport books, frequent-flier miles, or hotel or other awards, to
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his current financial condition and current ability to pay PNC Bank’s judgment. PNC
Bank’s motion to compel responses to Request Numbers 20 and 25 is therefore denied
without prejudice.
PNC Bank is entitled to post-judgment discovery under Federal Rule of Civil
Procedure 69(a)(2). Mr. Olasunkanmi failed to respond to PNC Bank’s motion to
compel responses to post-judgment discovery requests. PNC Bank’s motion to compel
(Doc. 18) is therefore GRANTED-IN-PART and DENIED-IN-PART as follows:
1.

PNC Bank’s motion to compel responses to Request Numbers 1–19, 21–
24, and 26–39 is GRANTED.

2.

PNC Bank’s motion to compel responses to Request Numbers 20 and 25
is DENIED without prejudice.

3.

The Clerk is DIRECTED to mail a copy of this order to Mr.
Olasunkanmi at his address listed below.

ORDERED in Tampa, Florida, on January 29, 2019.

cc:

Tolulope Olasunkanmi (via U.S. mail)
7750 92nd Street
Apt. 202
Seminole, FL 33777

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