East Continental Supplies, LLC et al v. Tarzana Enterprises, LLC

Filing 9

ORDER granting East Continental Supplies, LLC's Motion to Quash Subpoena. Signed by Magistrate Judge John J. O'Sullivan on 2/23/2012. (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 12-20003-MC-LENARD/O’SULLIVAN
SCA TISSUE NORTH AMERICA, LLC,
Plaintiff,
v.
TARZANA ENTERPRISES, LLC,
Defendant.
________________________________/
ORDER
THIS CAUSE is before the Court on East Continental Supplies, LLC’s Motion to
Quash Subpoena (DE # 1, 1/3/12).
Having received no response to this motion, and a response having been due,
the undersigned issued an Order on February 2, 2012, (DE # 7) requiring a response to
East Continental Supplies, LLC’s Motion to Quash Subpoena (DE # 1, 1/3/12) on or
before February 16, 2012. The February 2, 2012, Order warned that the failure to file a
response may result in an Order granting East Continental Supplies, LLC’s Motion to
Quash Subpoena (DE # 1, 1/3/12) in its entirety.
The February 2, 2012, Order also required East Continental Supplies, LLC to
serve the Order on both the plaintiff and defendant in this matter and required East
Continental Supplies, LLC to file a notice with the Court once it served the Order on both
the plaintiff and defendant in this matter. On February 7, 2012, East Continental
Supplies, LLC filed a Notice of Compliance with the Court indicating that East
Continental Supplies, LLC had served the February 2, 2012, Order on both the plaintiff
and the defendant via U.S. Mail.

Rule 7.1(C), Local Rules for the United States District Court for the Southern
District of Florida provides, in pertinent part:
Each party opposing a motion shall serve an opposing memorandum of
law no later than ten days after service of the motion as computed in the
Federal Rules of Civil Procedure. Failure to do so may be deemed
sufficient cause for granting the motion by default. (Emphasis
supplied).
As of the date of this Order, neither the plaintiff nor the defendant have filed a response
to East Continental Supplies, LLC’s Motion to Quash Subpoena (DE # 1, 1/3/12).
Accordingly, it is
ORDERED AND ADJUDGED that East Continental Supplies, LLC’s Motion to
Quash Subpoena (DE # 1, 1/3/12) is GRANTED. It is further
ORDERED AND ADJUDGED that East Continental Supplies, LLC shall serve this
Order on both the plaintiff and defendant in this matter. It is further
ORDERED AND ADJUDGED that East Continental Supplies, LLC shall file a
notice with the Court once it has served this Order on both the plaintiff and defendant in
this matter.
DONE AND ORDERED in Chambers at Miami, Florida this 23rd day of
February, 2012.
___________________________________
JOHN J. O'SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided:
U.S. District Court Judge Lenard
All counsel on record