Opinion

Guice v. Pozin Enterprises, Inc.

Court
District Court, M.D. Florida
Filed
Dec 20, 2021
Cited by
0 cases
Authority
More cited than 19.8%

“Discovery should be tailored to the issues involved in the particular case.”’

How later courts described this case

  • “Discovery should be tailored to the issues involved in the particular case.”’

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

ALDOUPHUS GUICE,

Plaintiff,

v. Case No: 8:20-cv-117-SDM-JSS

POZIN ENTERPRISES, INC.,

Defendant.

___________________________________/

ORDER

THIS MATTER is before the Court on Non-party Aaron Kukla’s Objection,

Motion to Quash and Motion for Protective Order Pertaining to the Duces Tecum

Request in Plaintiff's Subpoena to Take Deposition (“Motion”) (Dkt. 74), Plaintiff’s

Response in Opposition (Dkt. 77), and Defendant’s Joinder in Non-Party Objection

(Dkt. 81). On December 16, 2021, the Court held a hearing on the Motion. Upon

consideration, and for the reasons stated at the hearing, it is ORDERED:

1. Non-party Aaron Kukla’s Objection, Motion to Quash and Motion for

Protective Order Pertaining to the Duces Tecum Request in Plaintiff's

Subpoena to Take Deposition (Dkt. 74) is GRANTED to the extent that

Plaintiff’s request for “all records, memorandum, notes, correspondence,

and/or other documents of any kind that are in your control or custody that

(1) [relate] to the claims set [forth] by Plaintiff against Defendants and/or (2)

relates to Plaintiff’s employment with Defendant POZIN ENTERPRISES,

Complaint, and would subject Mr. Kukla to undue burden. See Fed. R. Civ.

P. 26(b)(2)(c); Fed. R. Civ. P. 45(d)(3)(A); Washington v. Brown & Williamson

Tobacco Corp., 959 F.2d 1566, 1570 (11th Cir. 1992) (“Discovery should be

tailored to the issues involved in the particular case.”’).

2. As agreed upon at the hearing, the parties, including non-party Aaron

Kukla, shall continue to meet and confer concerning any future request for

discovery.

3. Moreover, as the parties agreed, to the extent Plaintiff renews its request for

discovery from non-party Aaron Kukla, Plaintiff shall bear the burden of

paying reasonable costs incurred by non-party Aaron Kukla or any other

entity that may be associated with identifying and producing such discovery.

See In re Photochromic Lens Antitrust Litig., No. 8:10-md-2173-T-27EAJ, 2012

WL 12904391, *2 (M.D. Fla. Dec. 20, 2012) (noting that “Rule 45 requires

a court to ‘protect a person who is neither a party nor a party’s officer from

significant expense resulting from compliance.’”) (quoting Fed. R. Civ. P.

45(c)(2)(B)(i1)).

DONE and ORDERED in Tampa, Florida, on December 20, 2021.

/ . eo

st 5. SHEED —

UNITED STATES MAGISTRATE JUDGE

Copies furnished to:

Counsel of Record

Counsel for Non-Party Aaron Kukla

_2-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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