TASER INTERNATIONAL, INC.
v.
PHAZZER ELECTRONICS, INC.
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The court granted the motion to compel the production of documents because the third-party failed to respond, deeming the motion unopposed.
Plaintiff moved to compel a third-party, Adam Stephenson, LLC, to produce specific documents. The third-party failed to respond to the motion within t…
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This cause came on for consideration without oral argument on the following motion filed herein: MOTION: OPPOSED THIRD MOTION TO COMPEL STEPHENSON’S PRODUCTION OF DOCUMENTS (Doc. No. 691) FILED: June 15, 2023
THEREON it is ORDERED that the motion is GRANTED. Plaintiff moves for an order compelling third-party entity Adam Stephenson, LLC’s production of documents responsive to a subpoena, specifically documents labeled Bates numbers STEPHENSON 000321–337, and STEPHENSON 000524–525, 559, 573, 582-93, 604, 620-21, 626, 632, 644, 647, 650, 653–55, 676, 680, 682, 684–685, 687, 744-45, 748-49, 752-53, 756-57, 760-61, 771, 775, 777, 803–04, 843, 849–50, 853–54,
863–64, 913–14, 930, 932, 936, 939, 1010, 1013, 1033, 1035, 1037, 1167–68, 1172–73, 1177, 1179, 1181–82, 1188–89, 1697, and 1371. Doc. No. 691. Adam Stephenson, LLC has not responded to the motion, and its time for doing so has expired. See Doc. No. 508 ¶ 5 (providing that opposition briefing to a discovery motion must be filed no later than five days after the motion).1 Accordingly, the Court deems the motion to be unopposed in all respects. See id. (stating that failure to file a timely response will result in the discovery motion being deemed unopposed). See also
Westchester Surplus Lines Ins. Co. v. Paramount Disaster Recovery, LLC, No. 6:18-cv- 1738-Orl-37DCI, 2019 WL 5294804, at *1 (M.D. Fla. Apr. 19, 2019) (“The Court routinely grants motions as unopposed where the opposing parties have not filed a response in opposition to the motion.”); Bercini v. City of Orlando, No. 6:15-cv-1921-
Orl-41TBS, 2016 WL 11448993, at *2 (M.D. Fla. Sept. 28, 2016) (granting in full
Upon review, the Court finds the unopposed motion well taken. Accordingly, it is ORDERED as follows: 1. Plaintiff’s Opposed Third Motion to Compel Stephenson’s Production of Documents (Doc. No. 691) is GRANTED.
2. Within ten (10) days of the date of this Order, Adam Stephenson, LLC shall produce to Plaintiff documents labeled Bates numbers STEPHENSON 000321–337, and STEPHENSON 000524–525, 559, 573, 582-93, 604, 620-21,
626, 632, 644, 647, 650, 653–55, 676, 680, 682, 684–685, 687, 744-45, 748-49, 752- 53, 756-57, 760-61, 771, 775, 777, 803–04, 843, 849–50, 853–54, 863–64, 913–14, 930, 932, 936, 939, 1010, 1013, 1033, 1035, 1037, 1167–68, 1172–73, 1177, 1179, 1181–82, 1188–89, 1697, and 1371. By this same deadline, Adam
Stephenson, LLC shall file a notice of compliance with the Court. 3. All objections to production have been waived by Adam Stephenson, LLC’s failure to timely respond to the motion to compel. See generally Jackson v. Geometrica, Inc., No. 3:04-cv-640-J-20HTS, 2006 WL 213860, at *1 (M.D. Fla. Jan. 27, 2006) (objections not addressed in response to a motion to compel are deemed abandoned). See also Doc. Nos. 606, 662, 671, 681. DONE and ORDERED in Orlando, Florida on June 23, 2023.
ayn [...]
LESLIE AN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
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