Jabil Inc. v. Essentium, Inc.
| Jabil, Inc. |
| Essentium, Inc. |
| 8:2021mc00056 |
| April 20, 2021 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| William F Jung |
| Kathryn K Mizelle |
| Other Statutory Actions |
| Plaintiff |
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This docket was last retrieved on May 25, 2021. A more recent docket listing may be available from PACER.
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Filing 17
ENDORSED ORDER: Because it appears that no further activity will occur in this matter and all issues have been resolved, the Clerk shall CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 5/25/2021. (NPC)
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Filing 16
ORDER denying #1 Motion to Quash. Signed by Magistrate Judge Sean P. Flynn on 5/6/2021. (Flynn, Sean)
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| Filing 15 Case Reassigned to Judge Kathryn K. Mizelle. New case number: 8:21-mc-56-KKM-SPF. Judge William F. Jung no longer assigned to the case. (JNB) |
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Filing 14
ORDER transferring case to Judge Mizelle, with her knowledge and consent. The Clerk is directed to effect transfer. Signed by Judge William F. Jung on 4/20/2021. (CCB)
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| Filing 13 MEMORANDUM in opposition re #1 Motion to Quash, Subpoena to Hewlett-Packard Co. filed by Essentium, Inc. (Dupre, Steven) |
| Filing 12 NOTICE of Appearance by Darnesha Carter on behalf of Essentium, Inc. (Carter, Darnesha) |
| Filing 11 NOTICE of Appearance by David Robert Wright on behalf of Essentium, Inc. (Wright, David) |
| Filing 10 NOTICE of Appearance by Kevin P. McCoy on behalf of Essentium, Inc. (McCoy, Kevin) |
| Filing 9 TRANSFER IN from the Southern District of Florida (Miami). Case assigned to District Judge William F. Jung and Magistrate Judge Sean P. Flynn. New Case Number: 8:21-mc-56-WFJ-SPF. (AG) |
| Filing 8 Case transferred in from District of Florida Southern; Case Number 1:21-mc-21269. File received electronically |
| Reset Deadlines Per DE#6. Responses due by 4/21/2021 (cqs) [Transferred from flsd on 4/20/2021.] |
| Civil Case Terminated., Case transferred to District of Middle District of Florida electronically Per DE#7. Closing Case. (cqs) [Transferred from flsd on 4/20/2021.] |
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Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion to Transfer Subpoena-Related Motion to the Middle District of Florida ("Mot. to Transfer"). #4. On April 2, 2021, Plaintiff filed a Motion to Quash Essentium, Inc.'s Subpoena to Hewlett-Packard Co ("Mot. to Quash"). #1. Now, the Parties jointly request that the Court enter an order transferring Plaintiffs Motion to Quash to the Middle District of Florida. #4. In support of this request, the Parties explain that this subpoena relates to an underlying litigation that has been pending in the Middle District of Florida for two years wherein substantive motions and discovery disputes have been adjudicated. Id. at 1. Further, the Parties explain that the need for uniformity in discovery merits granting their instant Motion to Transfer. Id. at 2. Hewlett-Packard Co., the subpoenaed party, takes no position on whether the Motion to Quash should be transferred. Id. at 5. Federal Rule of Civil Procedure 45(f) provides that "[w]hen the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to the subpoena consents or if the court finds exceptional circumstances." Fed. R. Civ. P. 45(f). One circumstance in which courts have found exceptional circumstances to exist is where a subpoena would be transferred to a court that "is intimately familiar with the history and complex facts of the current litigation." Drummond Co., Inc. v. Collingsworth, No. 14-MC-80660, 2014 WL 12862208, at *3 (S.D. Fla. July 11, 2014) (citing A.L.W. v. Bank of China, Ltd, Miscellaneous No. 13-1282(RBW), 2014 WL 2257296, at *7 (D.D.C. May 30, 2014). More generally, Courts have found "'exceptional circumstances' in transferring subpoena-related motions to quash when doing so is in 'the interests of judicial economy and avoiding inconsistent results.'" Id. (citing Bank of China, 2014 WL 2257296, at *7) (quoting FTC v. A+ Fin. Ctr. LLC., No. 1:13-mc-50, 2013 WL 6388539, at *3 (S.D. Ohio Dec. 6, 2013)). Here, the Court finds that exceptional circumstances merit transferring the Motion to Quash because the Middle District of Florida "is intimately familiar with the history and complex facts of the current litigation." See Fed. R. Civ. P. 45(f); see also Collingsworth, 2014 WL 12862208, at *3. By transferring the Motion to Quash, the Parties will be able uniformly proceed with discovery in a forum that is familiar with the complex issues presented in the above-captioned case. Collingsworth, 2014 WL 12862208, at *3. This will serve both the "interests of judicial economy and [of] avoiding inconsistent results." Id. (citation omitted). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties' Joint Motion to Transfer Subpoena-Related Motion to the Middle District of Florida #4 is GRANTED. The Clerk of Court is ORDERED to TRANSFER the Motion to Quash Essentium, Inc.'s Subpoena to Hewlett-Packard Co #1 to the Middle District of Florida. Additionally, the Clerk of Court is directed to CLOSE this case. Signed by Chief Judge K. Michael Moore on 4/17/2021. (thn) [Transferred from flsd on 4/20/2021.]
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Filing 6
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time. #5. On April 2, 2021, Plaintiff filed a Motion to Quash Essentium, Inc.'s Subpoena to Hewlett-Packard Co. #1. Thus, Defendant's deadline to respond was April 16, 2021. Id. Now, Plaintiff is requesting an extension of time to respond to Defendant's Motion to Quash up to and including April 21, 2021. #5. In support of Defendant's request, Defendant points to the highly complex multi-district proceedings in this case and an ongoing effort to consolidate this litigation into a single case in the Middle District of Florida. See generally #5. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #5 is GRANTED. Plaintiff shall file its response to Plaintiff's Motion to Quash #1 on or before April 21, 2021. Signed by Chief Judge K. Michael Moore on 4/16/2021. (thn) [Transferred from flsd on 4/20/2021.]
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| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by Essentium, Inc.. (Attachments: #1 Text of Proposed Order)(Dupre, Steven) [Transferred from flsd on 4/20/2021.] |
| Filing 4 Joint MOTION to Transfer Subpoena-Related Motion to the Middle District of Florida re #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by Essentium, Inc.. Attorney Steven C. Dupre added to party Essentium, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Dupre, Steven) [Transferred from flsd on 4/20/2021.] |
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Filing 3
PAPERLESS ORDER REFERRING MOTION. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law and/or for a Report and Recommendation regarding the Motion to Quash Essentium, Inc.'s Subpoena to Hewlett-Packard Co. #1. Signed by Chief Judge K. Michael Moore on 4/7/2021. (thn) [Transferred from flsd on 4/20/2021.]
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. (cds) [Transferred from flsd on 4/20/2021.] |
| Filing 1 Petition/Motion (Complaint) RE: Subpoena to Quash from Another District . Filing fee $49.00 receipt number AFLSDC-14575753, filed by Jabil Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Waggoner, Dennis) [Transferred from flsd on 4/20/2021.] Modified event on 4/20/2021 (JNB) Modified on 4/20/2021 (AG). |
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