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Civil Rights: Other | Florida Southern
Order on Motion to Compel
PAPERLESS ORDER Denying as Moot Consolidated Plaintiffs' 443 Motion to Compel. The Motion represents that non-party Nayib Hassan was served with a subpoena and immediately responded that he had no responsive documents but would conduct further search for documents responsive to the subpoena. Mr. Hassan has responded in opposition that he has conducted a search of reasonable scope, including e-mail and other digital messages, and no responsive documents exist. See (ECF No. 505 ). Accordingly, the Motion to Compel is DENIED, as moot.
The Court further denies Consolidated Plaintiffs' request that fees incurred in bringing the Motion be shifted to the subpoena respondent. A party or attorney "serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction--which may include lost earnings and reasonable attorney's fees--on a party or attorney who fails to comply." Fed. R. Civ. P. 45(d)(1). Under the circumstances, and in consideration of the breadth of the request for documents described in the subpoena, it would be inconsistent with Rule 45, and thus unjust, to shift costs to the subpoena recipient. Signed by Magistrate Judge Lauren Fleischer Louis on 8/13/2026. (wwn)
Notice (Other)
NOTICE of Filing First and Second Production Logs by Desiree Perez (Attachments: # 1 Exhibit) (Aronovitz, Cary)
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