Cresswell v. United States

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

KYLE CRESSWELL and KRYSTAL YACEK, Plaintiffs, v. Case No: 6:23-cv-284-RBD-LHP UNITED STATES OF AMERICA, Defendant

ORDER This cause came on for consideration without oral argument on the following motion filed herein: MOTION: UNOPPOSED MOTION TO COMPEL (Doc. No. 36) FILED: July 15, 2024 THEREON it is ORDERED that the motion is DENIED without prejudice.

The United States moves to compel the deposition of the corporate representative of a non-party, Park Place Surgery Center. Doc. No. 36. Upon review, however, the motion does not state whether it was served on non-party Park Place Surgery Center, by certificate of service or otherwise. Accordingly, the motion (Doc. No. 36) is DENIED without prejudice. See Fed. R. Civ. P. 45(d)(2)(B)(i) (requiring “notice to the commanded person”); Roca Labs, Inc. v. Consumer Opinion Corp., No. 8:14-cv-2096-T-33EAJ, 2015 WL 12939597, at *1 (M.D.

Fla. June 17, 2015) (denying without prejudice motion to compel regarding non- party subpoena that did not state that the motion was served on the non-party).

DONE and ORDERED in Orlando, Florida on July 19, 2024.

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