Dynatemp International, Inc. et al v. R421A LLC et al

Filing 29

ORDER ADOPTING MAGISTRATE JUDGE'S ORDER [ECF NO. 26] AND TRANSFERRING DEFENDANTS' MOTION TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA. CLOSING CASE.Signed by Judge Melissa Damian on 12/18/2024. See attached document for full details. (ar24)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-81132-CIV-DAMIAN/Matthewman
DYNATEMP INTERNATIONAL, INC., et al.,
Plaintiffs,
vs.
R421A LLC, et al.,
Defendants.
_________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S ORDER [ECF NO. 26]
AND TRANSFERRING DEFENDANTS’ MOTION TO THE UNITED STATES
DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
THIS CAUSE is before the Court upon a sua sponte review of the record.
On September 16, 2024, Defendants, R421A LLC, RMS of Georgia, LLC, and
Kenneth Ponder (“Defendants”), filed a Motion and Memorandum of Law in Support of
Defendants’ Motion to Compel the Production of Documents and Things in Compliance with
Third-Party Subpoena to Harold B. Kivlan, III [ECF No. 1] (“Motion”). Pursuant to 28
U.S.C. § 636 (b)(1)(A) and (B) and the Magistrate Judge Rules of the Local Rules of the
Southern District of Florida, the matter was referred to Magistrate Judge William
Matthewman to take all necessary and proper action as required by law. See ECF No. 3.
These types of motions are generally considered non-dispositive matters upon which
Magistrate Judges may enter orders granting relief. See, e.g., Swissdigital USA Co. v. Wenger,
S.A., No. 22-MC-62358, 2022 WL 17904108 (S.D. Fla. Dec. 23, 2022) (order transferring
proceedings to Western District of Texas); Hoog v. PetroQuest, LLC, 338 F.R.D. 515, 517 (S.D.
Fla. 2021) (collecting cases for the proposition that transfer of Rule 45 dispute is nondispositive and transferring proceedings to the Eastern District of Oklahoma). Cf Virnetx, Inc.

v. Apple Inc., No. 13-MC-80769, 2013 WL 12108440, at *4 (S.D. Fla. Sept. 26, 2013), report
and recommendation adopted, 2013 WL 12108441 (S.D. Fla. Nov. 18, 2013).
On December 3, 2024, Magistrate Judge Matthewman entered an Order finding that
the District Court in the Eastern District of North Carolina is better positioned to determine
the pending discovery dispute involving the subject subpoena and that there is a significant
risk of inconsistent discovery rulings here and a clear benefit to judicial economy and
efficiency if Defendants’ Motion is transferred. See generally ECF No. 26.
Federal Rule of Civil Procedure 72 provides that, for pretrial matters that are not
dispositive of a party’s claim and are referred to a magistrate judge, the magistrate judge must
conduct the required proceedings and, when appropriate, issue a written order explaining the
decision. Fed. R. Civ. P. 72(a). A party may serve and file objections to that order within 14
days after being served with a copy of it, and a party may not assign as error a defect in the
order not timely objected to. O'Neal v. City of Hiram, No. 21-11327, 2022 WL 2921303, at *1
(11th Cir. July 26, 2022) (citing Rule 72(a)). Here, the parties have neither filed objections nor
sought review of Magistrate Judge Matthewman’s Order, and the time to do so has passed.
See Rule 4(a)(1) of the Magistrate Judge Rules of the Local Rules of the Southern District of
Florida.
This Court has reviewed Magistrate Judge Matthewman’s Order, the pertinent
portions of the record, and the applicable law to assure itself that no clear error appears on
the face of the record. In the light of that review, this Court agrees with the well-reasoned
analysis in Magistrate Judge Matthewman’s Order and agrees with Judge Matthewman’s
conclusion that the District Court in the Eastern District of North Carolina is better positioned
to address the pending discovery dispute. Accordingly, it is hereby
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ORDERED AND ADJUDGED that Judge Matthewman=s Order Transferring
Defendants’ Motion [ECF No. 26] is AFFIRMED AND ADOPTED in total. Defendants’
Motion [ECF No. 1] shall be TRANSFERRED to the United States District Court for the
Eastern District of North Carolina. The Clerk shall CLOSE this case.
DONE AND ORDERED in Chambers at Fort Lauderdale, Florida this 18th day of
December, 2024.

___________________________________
MELISSA DAMIAN
UNITED STATES DISTRICT JUDGE

cc:

Magistrate Judge William Matthewman
Counsel of record

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