# Guice v. Pozin Enterprises, Inc.

> District Court, M.D. Florida · December 20, 2021

URL: https://www.frixlaw.com/law-library/cases/10109099

## Case

- **Court:** District Court, M.D. Florida
- **Decided:** December 20, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10109099

## Opinion text

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-

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10109099. Public record. Not legal advice.