State Farm Fire & Casualty v. Pentair Flow Technologies, LLC

Filing 32

ORDER: Accordingly, it is ORDERED that Shanti Mann and Natalia Perez shall appear before this Court on Friday, October 7, 2022 at 10:00 a.m. at the Hon. Charles L. Brieant, Jr. Federal Building and United States Courthouse, 300 Quarropas Street, W hite Plains, New York 10601, Courtroom 420. The in-person conference will be cancelled upon the Court's receipt of notification from defense counsel that Mr. Mann and Ms. Perez have complied with their respective subpoenas. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 9/16/2022) (ks)

Case 7:21-cv-06679-NSR-PED Document 32 Filed 09/16/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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State Farm Fire & Casualty Company,

Plaintiff,

21 Civ. 6679 (FED)
ORDER

- against -

Pentair Flow Technologies, LLC,
Defendant.

PAUL E. DAVISON, U.S.M.J.:

This diversity action arises from a fire caused by a submersible utility pump made by
Pentair Flow Technologies, LLC ("Defendant") that damaged property owned by State Farm Fire
& Casualty Company s (Plaintiff) subrogor. At the time of the fire, witnesses Shanti Mann
and Natalia Perez (the "Witnesses") had personal property that was damaged by the fire.
On August 8, 2022, defense counsel duly served each of the Witnesses with a Subpoena
to Testify at a Deposition in a Civil Action. Dkt. #31-1 at 1-3, Marm Subpoena; Id. at 4, Mann
Affidavit of Service; Dkt. #31-2 at 1-3, Perez Subpoena; Id. at 4, Perez Affidavit of Service.
Defense counsel's subpoenas requested that the Witnesses produce certain documents in
connection with their deposition by August 23, 2022. See Dkts. #31-1, 31-2. Defense counsel

has represented that: (i) the Witnesses were each deposed by the original August 23, 2022
deadline, but did not produce documents responsive to defense coimsel's subpoena by that

deadline; (ii) defense counsel made additional attempts to contact the Witnesses via email on
August 24, August 30, and September 2, 2022; and (iii) the Witnesses have not responded to
defense counsel regarding the production of the documents. Dkts. #29, 29-5.
Presently before this Court is Defendant's request for an order to compel the Witnesses'
compliance with the subpoena. It is apparent from the record that: (i) despite having been
property served with a subpoena, the Witnesses have failed to produce documents responsive to
defense counsel's subpoena by the noticed date, and (ii) the Witnesses have not responded to
defense counsel's subsequent communications. Accordingly, it is

ORDERED that Shanti Mann and Natalia Perez shall appear before this Court on
Friday, October 7, 2022 at 10:00 a.m. at the Hon. Charles L. Brieant, Jr. Federal Building
and United States Courthouse, 300 Quarropas Street, White Plains, New York 10601,
Courtroom 420. The in-person conference will be cancelled upon the Court's receipt of
notification from defense counsel that Mr. Mann and Ms. Perez have complied with their
respective subpoenas.

Case 7:21-cv-06679-NSR-PED Document 32 Filed 09/16/22 Page 2 of 2

NOTICE TO SHANTI MANN:
If you do not appear before this Court on October 7, 2022 at 10:00 a.m. in
Courtroom 420, you may be held in contempt of court and subject to sanctions.

NOTICE TO NATALIA PEREZ:
If you do not appear before this Court on October 7, 2022 at 10:00 a.m. in
Courtroom 420, you may be held in contempt of court and subject to sanctions.
Defense counsel is directed to serve a copy of this Order on Mr. Mann and Ms. Perez

within five (5) days of the date of this Order, and to file proof of service promptly thereafter.

Dated: September 16, 2022
White Plains, New York

SO ORDERED

PauTEFDavison, U.S.MJ.