Oppedisano v. Fort Lauderdale Executive Jet Center, LLC
| Vincenzo Oppedisano |
| Fort Lauderdale Executive Jet Center, LLC |
| 0:2022mc61569 |
| August 24, 2022 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Alicia O Valle |
| P.I.: Other |
| None |
Docket Report
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| Filing 10 NOTICE of Compliance with Order and Joint Notice on Status of Dispute by Vincenzo Oppedisano re 9 Order,,,,,,,, (Todd, Ryan) |
Filing 9
PAPERLESS ORDER VACATING 8 Order Granting by Default Petitioner's Motion to Compel Compliance with Rule 45 subpoena (the "Motion to Compel"), based on Fort Lauderdale Executive Jet Center, LLC's ("FLEJC") Response to the Motion. See (ECF No. #7 ). On August 24, 2022, Petitioner filed the Motion to Compel non-party FLEJC to comply with its Rule 45 subpoena. See (ECF No. #1 ). FLEJC did not timely respond to the Motion to Compel. Accordingly, on September 14, 2022, the undersigned issued an Order to Show Cause why the Motion to Compel should not be granted by default. (ECF No. #5 ). On September 20, 2022, noting FLEJC's failure to respond to either the Motion to Compel or the Order to Show Cause, the undersigned granted the Motion to Compel by default. (ECF No. 8). The Default Order and FLEJC's belated Response, however, crossed in the docketing process. Thus, although FLEJC's response remains untimely, in the interest of justice and efficient case management, the undersigned VACATES the 8 Order granting the Motion to Compel by default and addresses the issues in the Response, which focus on whether the subpoena was properly served on FLEJC.Although Petitioner asserts that the subpoena was properly served (at the address of FLEJC's registered agent) on Scott Bottell, who identified himself as a manager of FLEJC, FLEJC argues that no such person works for FLEJC and that service was not properly effected. Compare (ECF No. 1 at 7), with (ECF No. 7 at 1). To resolve this conflict without further court intervention, it is ORDERED that (i)within seven (7) days from the date of this Order, the parties must telephonically meet and confer in a good faith effort to resolve the issue of service and the merits of the Motion to Compel. Within seven (7) days of conferral, the parties must file a Joint Notice updating the Court on the status of the dispute. If any dispute remains unresolved, the parties may file any appropriate motions. The case remains CLOSED. Signed by Magistrate Judge Alicia O. Valle on 9/21/2022. (jve)
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| Civil Case Terminated. Per DE#8. (cqs) |
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Filing 8
VACATED per DE# 8 , PAPERLESS ORDER GRANTING BY DEFAULT #1 Petitioner's Motion to Compel Compliance with Subpoena (the "Motion") to Fort Lauderdale Executive Jet Center, LLC ("Respondent"). According to Petitioner, the Motion seeks relevant discovery in Oppedisano v. Zur, No. 20-CV-5395-VB, a case pending in the Southern District of New York. See (ECF No. #1 at 1). Petitioner filed the Motion on August 24, 2022, but Respondent failed to timely respond to the Motion. Thus, on September 14, 2022, the undersigned issued an Order to Show Cause why the Motion should not be granted by default. (ECF No. #5 ). To date, however, despite being properly served, Respondent has not responded to the Motion or to this Court's Order to Show Cause. See (ECF No. [1-1] at 12) (affidavit of service of subpoena); (ECF No. [6-1]) (confirming service of Court's Order to Show Cause).Accordingly, the Motion is GRANTED BY DEFAULT. See, e.g., Evangelista v. Coats, No. 20-MC-60780-AHS (S.D. Fla. Jul. 12, 2020) (ECF No. 11) (granting motion to comply with Rule 45 subpoena by default). Within two days from the date of this Order, Petitioner must serve a copy of this Order on Respondent by First Class Mail and file a Notice of Compliance regarding the same. Furthermore, within 14 days of service, Respondent must produce all responsive documents. Lastly, these proceedings are administratively CLOSED. See, e.g., In Re: Subpoena of South Broward Hospital District, No. 21-MC-62550-AHS (S.D. Fla. Aug. 25, 2022) (ECF No. 51) (administratively closing proceedings after hearing/ruling on motions to quash Rule 45 subpoenas). Signed by Magistrate Judge Alicia O. Valle on 9/20/2022. (jve) Modified text on 9/22/2022 (jas).
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| Filing 7 RESPONSE to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by Fort Lauderdale Executive Jet Center, LLC. (Attachments: #1 Affidavit Declaration of Lynda Zur, #2 Affidavit Declaration of Daniel DeSouza)(DeSouza, Daniel) |
| Filing 6 NOTICE of Compliance and Notice of Filing Certificate of Service by Vincenzo Oppedisano re #5 Order to Show Cause (Attachments: #1 Exhibit 1 -- Certificate of Service) (Todd, Ryan) |
| Set Deadlines Per DE#5. Miscellaneous Deadline 9/16/2022. Show Cause Response due by 9/19/2022. (cqs) |
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Filing 5
ORDER TO SHOW CAUSE. Signed by Magistrate Judge Alicia O. Valle on 9/14/2022. See attached document for full details. (jve)
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Pretrial Non-Dispositive Matters. Signed by Judge Rodney Smith on 8/26/2022. See attached document for full details. (cqs)
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| Filing 3 Bar Letter re: Admissions sent to attorney Kempshall McAndrew and Michael Caruso, mailing date August 24, 2022, (pt) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. (swr) |
| Filing 1 Petition/Motion (Complaint) RE: Subpoena to Enforce from Another District . Filing fee $49.00 receipt number AFLSDC-15896287, filed by Vincenzo Oppedisano. (Attachments: #1 Exhibit Declaration, #2 Civil Cover Sheet Civil Cover Sheet)(Todd, Ryan) |
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