Howard v. Brightway Insurance, Inc.

Filing 8

ORDER: IT IS HEREBY ORDERED that by no later than Friday, September 10, 2021, Plaintiff must file Exhibits B, C, and D on the docket. IT IS FURTHER ORDERED that any response by non-party Bronfman and by Defendant to the motion to compel is due no lat er than Friday, September 24, 2021. Plaintiff's reply in support of its motion, if any, is due no later than Friday, October 1, 2021.IT IS FURTHER ORDERED that, by no later than Friday, September 10, 2021, Plaintiff must serve a copy of this Order on Defense counsel and on counsel for non-party Bronfman and file proof of service on the docket. SO ORDERED., ( Responses due by 9/24/2021, Replies due by 10/1/2021.) (Signed by Judge Valerie E. Caproni on 9/08/2021) (ama)

Case 1:21-mc-00693-VEC Document 8 Filed 09/08/21 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT
DOC #:
SOUTHERN DISTRICT OF NEW YORK
DATE FILED: 9/8/2021
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:
TALMAN HOWARD,
:
Plaintiff,
:
:
21-MC-693 (VEC)
-against:
:
ORDER
:
BRIGHTWAY INSURANCE, INC.,
:
Defendant.
:
:
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VALERIE CAPRONI, United States District Judge:
WHEREAS on September 11, 2020, Plaintiff filed a complaint against Brightway
Insurance, Inc., alleging claims of age discrimination, breach of the implied duty of good faith
and fair dealing, and breach of contract, see Compl., 20-CV-1020, Dkt. 1 (M.D. Fl. Sept. 11,
2020);
WHEREAS as part of the Florida litigation, Plaintiff served non-party Bronfman, LLC
(“Bronfman”) with a subpoena to produce discovery, see Mem. of Law, Dkt. 1 at 4;
WHEREAS Plaintiff alleges that Bronfman has failed to respond fully to the subpoena, in
violation of Rule 37(a)(4) of the Federal Rules of Civil Procedure, id. at 6;
WHEREAS a motion for an order compelling discovery from a non-party “must be made
in the court where the discovery is or will be taken,” Fed. R. Civ. P. 37(a)(2);
WHEREAS on September 1, 2021, Plaintiff moved in this district to compel non-party
Bronfman to produce discovery, see Mem. of Law, Dkt. 1;
WHEREAS Plaintiff’s memorandum of law in support of his motion to compel
references an Exhibit B (the complaint in the underlying matter), an Exhibit C (the subpoena at
issue), and an Exhibit D (a joint letter), id.;
WHEREAS Exhibits B, C, and D are not attached to the memorandum of law;

Case 1:21-mc-00693-VEC Document 8 Filed 09/08/21 Page 2 of 2

WHEREAS Plaintiff certified that he served the motion to compel on counsel for nonparty Bronfman and on Defense counsel, id. at 12; and
WHEREAS Defendant and non-party Bronfman have not appeared in this action;
IT IS HEREBY ORDERED that by no later than Friday, September 10, 2021, Plaintiff
must file Exhibits B, C, and D on the docket.
IT IS FURTHER ORDERED that any response by non-party Bronfman and by
Defendant to the motion to compel is due no later than Friday, September 24, 2021. Plaintiff’s
reply in support of its motion, if any, is due no later than Friday, October 1, 2021.
IT IS FURTHER ORDERED that, by no later than Friday, September 10, 2021,
Plaintiff must serve a copy of this Order on Defense counsel and on counsel for non-party
Bronfman and file proof of service on the docket.

SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge

Date: September 8, 2021
New York, NY

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