PainTEQ, LLC v. Omnia Medical, LLC
Filing
63
ORDER granting 60 Motion to Compel ; granting 61 Motion to Compel ; granting 62 Motion to Compel. Signed by Magistrate Judge Amanda Arnold Sansone on 11/17/2021. (BEE)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PAINTEQ, LLC,
Plaintiff,
v.
Case No. 8:20-cv-2805-VMC-AAS
OMNIA MEDICAL, LLC,
Defendant.
___________________________________/
ORDER
Defendant Omnia Medical, LLC (Omnia) requests an order compelling
non-parties Armenia Ambulatory Surgery Center, LLC d/b/a Medical Village
Surgical Center, the Surgery Center of Ocala, LCC, and Westchase Surgery
Center, Ltd. (collectively, the non-party surgery centers) to produce
subpoenaed documents. (Docs. 60, 61, 62). Plaintiff Painteq, LLC does not
oppose the motions. (Id.). The non-party surgery centers did not respond, and
the time has expired. See Local Rule 3.01(c), M.D. Fla.
A party may subpoena documents, electronically stored information, or
tangible things in a non-party’s possession under Federal Rule of Civil
Procedure 45. Fed. R. Civ. P. 45(a)(1)(A)(iii). “The scope of discovery under Rule
45 is the same as the scope of discovery under Federal Rule of Civil Procedure
26.” Digital Assur. Certification, LLC v. Pendolino, No. 6:17-cv-72, 2017 WL
1
4342316, at *8 at *22 (M.D. Fla. Sept. 29, 2017). “Parties may obtain discovery
regarding any nonprivileged matter that is relevant to any party’s claim or
defense and proportional to the needs of the case ....” Fed. R. Civ. P. 26(b)(1).
The party opposing a subpoena has the burden of demonstrating that
compliance with the subpoena presents an undue burden or that it requires
the disclosure of privileged or protected information. Fadalla v. Life Auto.
Prods, Inc., 258 F.R.D. 501, 504 (M.D. Fla. 2007). Written objections may be
served by the non-party, but the objection must be served before the earlier of
the time specified for compliance or 14 days after the subpoena is served. Fed.
R. Civ. P. 45(d)(2)(B). “Typically, failure to serve written objections to a
subpoena in the time provided by [Rule 45] waives any objections that party
may have.” Cadle v. GEICO Gen. Ins. Co., No. 6:13-cv-1591, 2014 WL
12639859, at *3 (M.D. Fla. Aug. 29, 2014).
The non-party subpoenas at issue were served on September 21, 2021
and September 27, 2021 and directed compliance on October 20, 2021. (See Doc.
60, Ex. B; Doc. 61, Ex. B; Doc. 62, Ex. B). The non-party surgery centers did
not object or otherwise respond to the subpoena.
Accordingly, Omnia’s motion for an order compelling the non-party
surgery centers to produce the subpoenaed documents (Doc. 29) is GRANTED.
The non-party surgery centers must provide Omnia with the subpoenaed
documents by December 10, 2021.
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ORDERED in Tampa, Florida on November 17, 2021.
cc:
Armenia Ambulatory Surgery Center, LLC
c/o Corporation Service Company, registered agent
1201 Hays Street
Tallahassee, FL 32301
The Surgery Center of Ocala, LLC
c/o Corporation Service Company, registered agent
1201 Hays Street
Tallahassee, FL 32301
Westchase Surgery Center, LLC
c/o Corporation Service Company, registered agent
1201 Hays Street
Tallahassee, FL 32301
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