Inteliquent, Inc. v. Native American Telecom, LLC et al

Filing 17

ORDER granting 1 Motion to Compel. Signed by US Magistrate Judge Veronica L. Duffy on 7/10/2017. (CG)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
INTELIQUENT, INC.,

4:17-MC-24-VLD

Movant,
ORDER GRANTING MOTION TO
COMPEL COMPLIANCE WITH
SUBPOENAS

vs.
NATIVE AMERICAN TELECOM, LLC;
and NATIVE AMERICAN TELECOM –
PINE RIDGE, LLC,

[DOCKET NO. 1]

Respondents.
Movant Inteliquent, Inc. filed a motion seeking an order compelling
respondents Native American Telecom, LLC and Native American Telecom-Pine
Ridge, LLC (collectively "NAT"), to comply with two subpoenas duces tecum
issued by Inteliquent, Inc. on October 14, 2016. See Docket Nos. 1, 2-1 and
2-2. The subpoenas required NAT to provide documents and to allow
inspection of physical premises. See Docket Nos. 2-1 and 2-2. These
subpoenas and Inteliquent's motion arise out of a court case pending in the
Northern District of Illinois, Inteliquent, Inc. v. Free Conferencing Corp., Civ.
No. 1:16-CV-06976. NAT is a non-party to the federal litigation in the Northern
District of Illinois. NAT has not appeared in this matter nor has it filed
objections to the subpoenas or moved to quash the subpoenas.
In response to the court's order to show cause regarding service of the
subpoenas, Inteliquent, Inc. filed a response and supporting documents

indicating that NAT's registered agent for service of process, attorney Scott
Swier, acquiesced in the service of the subpoenas on him electronically.
Extended discussions have taken place between Inteliquent, Inc. and NAT
regarding responses to the subpoenas. Never at any time has NAT indicated it
objected to the manner of service of the subpoenas. Since formal service of
process can be waived, the court accepts for purposes of the present motion
that NAT has waived service of the subpoenas according to the Federal Rules of
Civil Procedure.
Because NAT has not responded to the motion to compel, has not
appeared in this action, and has not objected or moved to quash, the court
finds the motion to be unopposed. Accordingly, it is hereby
ORDERED that Native American Telecom, LLC and Native American
Telecom-Pine Ridge, LLC shall respond fully and completely to Inteliquent,
Inc.'s subpoenas by providing the documents requested therein within 14 days
from the date of this order.
--If NAT objects to any request, it must file written objections stated with
specificity and signed by counsel under penalty of potential sanctions pursuant
to FED. R. CIV. P. 11, which requires reasonable factual and legal bases for said
objections.
--If NAT asserts privilege as to any document requested, it must file along
with its response to the subpoena a privilege log stating the following: (1) that
NAT is expressly making a claim of privilege; (2) naming the privilege invoked;
and (3) describing the document withheld in a manner detailed enough to
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enable Inteliquent, Inc. to assess the claim without revealing any privileged
information. See FED. R. CIV. P. 26(b)(5).
It is further
ORDERED that Native American Telecom, LLC and Native American
Telecom-Pine Ridge, LLC shall, within 14 days from the date of this order,
supply a time, date and place for premises inspection as requested in the
subpoenas which is mutually agreeable to the parties. Failing to arrive at a
mutually-agreeable date and time, the court hereby orders that said inspection
requested under the subpoenas take place at 9:00 a.m. Mountain Daylight
Time on July 28, 2017.
It is finally
ORDERED that should Inteliquent, Inc. wish to receive an award of
attorney's fees and costs, it must within 21 days from the date of this order file
a motion setting forth the legal bases for such an award and the amount
claimed. Such a motion shall be accompanied by detailed time records for any
attorney or paralegal time claimed, along with a description of the task
performed and the hourly rate of such professional. NAT shall have 21 days to
respond to any such motion; Inteliquent, Inc. may reply within 14 days of any
response from NAT.
Dated this 10th day of July, 2017.
BY THE COURT:

VERONICA L. DUFFY
United States Magistrate Judge
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