Creech v. Onebeacon America Insurance Company

Filing 24

ORDER denying 18 Motion to Compel. Signed by Magistrate Judge G. R. Smith on 8/22/16. (jlm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
DEBORAH CREECH,
Plaintiff,
v.
ONEBEACON AMERICA
INSURANCE COMPANY,
Defendant.

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Case No. CV416-011

ORDER
Defendant OneBeacon America Insurance Company filed a Fed. R.
Civ. P. 45(g) motion to compel Gary T. Parker to produce “employment or
driving/trucking records.” Because that motion was technically unopposed
by operation of Local Rule 7.5 (no response means no opposition), the
Court was inclined to grant it. Doc. 23 (citing doc. 18). But OneBeacon
had served Parker by mail, rather than personal service. Id. at 1. And as
even OneBeacon pointed out, doc. 18 at 2, the rule requires personal
service, Rule 45(b), though some courts have looked the other way.

See

S.E.C. v. Rex Venture Group, LLC , 2013 WL 1278088 at * 2 (M.D. Fla. Mar.
28, 2013) (collecting cases); see also id. (“It does not appear the Eleventh
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Circuit has addressed this particular issue and the Court finds these cases
persuasive, especially since it is clear that Mr. Woods received the subpoena
both by federal express and certified mail.”).
This Court wanted to rule in OneBeacon’s favor, but the record failed
to show even mail-service on Parker. Doc. 23 at 2. So it invited Parker to
respond (it directed the Clerk to serve him by mail, at the address
OneBeacon supplied). Id. at 3. The Court warned him that if it did not
hear from him he would face contempt under Rule 45(g). Id. Finally, the
Court invited OneBeacon to submit a proposed Order upon his noncompliance. Id.
Parker has failed to respond. But OneBeacon has failed to submit
that proposed Order. Per Local Rule 41(c) (abandonment), its Motion To
Compel (doc. 18) is therefore DENIED without prejudice to its right to
renew it with a proposed Contempt Order directing OneBeacon to
personally serve it upon Parker. The Order must give him 14 days, from
the date of that service, to show why he should not be held in contempt.

SO ORDERED, this 22nd day of August, 2016.
UNITED STATES MAGISTRATE JUDGE
SOUTFEERN DISTRICT OF GEORGIA

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