Spiral Direct, Inc. v. Basic Sports Apparel, Inc.
Spiral Direct, Inc. v. Basic Sports Apparel, Inc.
| Case Date: | 10/27/2016 |
| Citation: | Spiral Direct, Inc. v. Basic Sports Apparel, Inc., Case No: 6:15-cv-641-Orl-28TBS, 2016 WL 6277025 (M.D. Fla. Oct. 27, 2016) |
| Court Type: | Federal District |
| Court: | Middle District of Florida (M.D. Fla.) |
| Judge: | Federal Magistrate Judge: Thomas B. Smith |
| Rule(s): | Rule 45 |
| Issues: | Non-party Simon Property Group motioned to quash subpoenas, alleging compliance with the subpoenas would be overly burdensome. |
| Resolution: | The Court denied Simon’s motion to quash. The attorneys did not engage in a serious effort to resolve the dispute before the subpoenas were issued, and were therefore in clear violation of local court rules and Rule 45 of the Federal Rules of Civil Procedure. The 3 minute 11 second phone conversation did not qualify as a “serious effort.” |
| Relevant Documents: | Motion to Quash Subpoenas or Motion to Limit Discovery (Doc. 42) Response in Opposition to Motion to Quash or Limit Discovery (Doc. 47) Reply in Support of Motion to Quash or Limit Discovery (Doc. 55) Sur-Reply in Opposition to Motion to Quash or Limit Discovery (Doc. 57) Order on Motion to Quash (Doc. 61)
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| E-Discovery Issues: | Motion to Quash |
| E-discovery Tags: | Communication/Cooperation, Custodian, Forensic Analysis/Examination, Form of Production, Non-Party Discovery, Privilege, Vendor |
| E-discovery subjects: | Backup Tapes, Email, Servers |