People for the Ethical Treatment of Animals, Inc. v. Dade City Wild Things, Inc. et al

Filing 6

ORDER correcting docket entry 4 Order to Show Cause. It has come to the Court's attention that typographical errors were contained in the original Order to Show Cause and docket entry filed on October 27, 2017. The Order to Show Cause filed he rein shall replace the order entered in docket entry #4. The Clerk of Court is DIRECTED to mail this Order, along with a copy of the original subpoena (Doc. 2-7) and affidavit of proof of service (Doc. 2-8) via certified mail, return receipt requested, to Gregg Woody at the address included in this Order. Signed by Judge Nancy J. Rosenstengel on 10/31/2017. (jkb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PEOPLE FOR THE ETHICAL
TREATMENT OF ANIMALS, INC.,

)
)
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Plaintiff,
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vs.
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DADE CITY WILD THINGS, INC., et al., )
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Defendants.
)

Case No. 17-mc-56-NJR

ORDER TO SHOW CAUSE
ROSENSTENGEL, District Judge:
On April 19, 2017, Plaintiff People for the Ethical Treatment of Animals, Inc.
(“PETA”) filed suit in the Middle District of Florida claiming Defendants violated the
Endangered Species Act., 16 U.S.C. § 1540(g)(1)(A). (Doc. 2-2, p. 2). On September 14,
2017, pursuant to Federal Rule of Civil Procedure 45, PETA served a subpoena on Gregg
Woody demanding he produce certain documents. (Docs. 2-7, 2-8). Woody had until
September 28, 2017, to file any objections to the subpoena, but failed to do so. FED. R. CIV.
P. 45(d)(2)(B). To date, Woody has not produced any of the documents. (Doc. 2, p. 4).
On October 19, 2017, PETA filed a Motion to Compel Compliance with Subpoena
asking this Court to order Woody to produce the documents in his possession or control
that are responsive to the subpoena, hold Woody in civil contempt for failing to obey the
subpoena without excuse, and order Woody to pay PETA’s attorneys’ fees and costs
related to the motion to compel. (Doc. 2, p. 4).
Gregg Woody is hereby notified that a Show Cause Hearing is SET for Tuesday,

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November 14, 2017, at 1:30 p.m., before the undersigned at the United States District
Courthouse, 750 Missouri Avenue, East St. Louis, Illinois 62201. Woody is ORDERED to
appear at the hearing and to SHOW CAUSE why he should not be found in contempt
for failure to comply with the Central District of Florida’s subpoena. Woody SHALL
bring with him to the hearing all documents in his possession or control that are
responsive to the subpoena served on him on September 14, 2017.
In the alternative, Mr. Woody may produce all of the subpoenaed documents to
PETA on or before November 10, 2017. If this Court receives written notice from PETA,
by noon on November 13, 2017, that Mr. Woody has fully complied with the subpoena,
the Court will cancel the Show Cause hearing.
Mr. Woody is WARNED that if he fails to fully produce all of the documents by
November 10, 2017, or fails to appear at the hearing with the subpoenaed documents, he
will be held in contempt of court, and sanctions may be imposed. The sanction could be
a fine, a period of incarceration, or some combination of both.
The Clerk of Court is DIRECTED to mail this Order, along with a copy of the
original subpoena (Doc. 2-7) and affidavit of proof of service (Doc. 2-8) via certified mail,
return receipt requested, to Gregg Woody at:
1909 Old Park Avenue, Mulberry Grove, Illinois 62262
IT IS SO ORDERED.
DATED: October 31, 2017
____________________________
NANCY J. ROSENSTENGEL
United States District Judge

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