June Medical Services LLC et al v. Gee et al

Filing 128

ORDER: Delta must file any response to the instant motion on or before 6/8/2018. Any response filed into the record must include a certification by Mr. Thibodeaux indicating the efforts to respond to the instant subpoena and motion. Failure to f ile a response within the foregoing deadline will result in the waiver of any objections to the subpoena. Clerk's Office shall mail a copy of this order to Albert A. Thibodeaux. Defense counsel shall send a copy of this order to Mr. Thibodeaux to his email address found in the record. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/4/2018. (KAH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JUNE MEDICAL SERVICES, LLC, d/b/a HOPE
MEDICAL GROUP FOR WOMEN, on behalf of
its patients, physicians, and staff, ET AL.

CIVIL ACTION

NO. 16-444-BAJ-RLB
VERSUS
REBEKAH GEE, in her official capacity as
Secretary of the Louisiana Department of Health,
ET AL.
ORDER
Before the Court is Defendants’ Motion to Compel Response to Subpoena to Delta Clinic
of Baton Rouge (R. Doc. 111) filed on May 4, 2018. The deadline for filing any response to the
instant motion has expired. LR 7(f).
Defendants seek an order compelling the production of documents by the non-party Delta
Clinic of Baton Rouge (“Delta”) pursuant to a Rule 45 subpoena, which seeks compliance in
Baton Rouge, Louisiana. (R. Doc. 111-2). Defendants represent that they served the subpoena
on March 5, 2018. (R. Doc. 111-1 at 1; see R. Doc. 111-4). Defendants further represent that
they did not receive objections to the subpoena within 14 days of service as required by Rule
45(d)(2)(B). (R. Doc. 111-1 at 1-2). The record indicates that defense counsel have made several
attempts to obtain responses to the subpoena without court intervention. (See R. Doc. 115-5).
Rule 45 provides that “[a]t any time, on notice to the commanded person, the serving
party may move the court for the district where compliance is required for an order compelling
production or inspection.” Fed. R. Civ. P. 45(d)(2)(B)(i). The Court may not order compliance
with a subpoena under Rule 45 unless the subpoenaed party and the parties to the action have
first been provided notice of the motion to compel. See, e.g., Shaw Grp., Inc. v. Zurich Am. Ins.

Albert A. Thibodeaux

Co., No. 12-257, 2014 WL 68604, at *1 (M.D. La. Jan. 8, 2014), reconsideration denied, 2014
WL 204244 (M.D. La. Jan. 17, 2014).
Defense counsel has certified that on or before May 4, 2018, a copy of the instant motion
was “served on the following counsel for Delta by Federal Express: Albert A. Thibodeaux,
Davillier Law Group, LLC, 935 Gravier Street, Suite 1702, New Orleans, LA 70112.” (R. Doc.
111 at 2).
Given the foregoing, as well as the apparent communication between Delta’s attorney
and defense counsel prior to the filing of the motion, it is unclear why Delta did not timely file a
response to the instant motion. Having reviewed the nature of the information sought pursuant to
the subpoena, the Court will provide Delta with a brief extension of the deadline to respond to
the instant motion.
Based on the foregoing,
IT IS ORDERED that Delta must file any response to the instant motion on or before
June 8, 2018. Any response filed into the record must include a certification by Mr. Thibodeaux
indicating the efforts to respond to the instant subpoena and motion. Failure to file a response
within the foregoing deadline will result in the waiver of any objections to the subpoena.
IT IS FURTHER ORDERED that the Clerk’s Office shall mail a copy of this order to
Albert A. Thibodeaux, Davillier Law Group, LLC, 935 Gravier Street, Suite 1702, New Orleans,
LA 70112.
IT IS FURTHER ORDERED that defense counsel shall send a copy of this order to Mr.
Thibodeaux to his email address found in the record: [e-mail].
Signed in Baton Rouge, Louisiana, on June 4, 2018.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE
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