PANTOJA
v.
MATTRESS FIRM
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Plaintiff Pantoja moved to quash a subpoena directed to her current employer seeking personnel file information. The court granted the motion because Defendant failed to timely file an opposition, deeming the motion unopposed.
The court granted Plaintiff's motion to quash the subpoena directed to Parallon Health Information Solutions, LLC, finding the motion well taken in the absence of any opposition from Defendant.
[1] A discovery motion will be granted as unopposed when the opposing party fails to file a timely response.
[2] A subpoena seeking information from a personnel file may be quashed if it seeks cumulative, overbroad, or irrelevant information.
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Join FLexlaw to unlock all legal intelligence“failure to file a timely response will result in the discovery motion being deemed unopposed”
Establishes the procedural consequence for Defendant's failure to timely respond to discovery motions under the Standing Discovery Order
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Join FLexlaw to unlock all legal intelligencePlaintiff was served with a subpoena directed to her current employer, Parallon Health Information Solutions, LLC, seeking information from her person…
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Before the Court is Plaintiff's Short-Form Discovery Motion. Doc. No. 39. Plaintiff moves to quash and/or for a protective order regarding a subpoena directed to her current employer, Parallon Health Information Solutions, LLC, (Doc. No. 39-1, at 3-6) which seeks information from her personnel file. Plaintiff argues that the subpoena seeks cumulative information already obtained in discovery and that the subpoena is overbroad and seeks irrelevant information. Id.
Although the motion states that Defendant opposes, id. at 3, Defendant has not responded to the motion, and its time for doing so expired on September 23, 2025. See Doc. No. 18 ¶ 5 (providing that opposition briefing to a discovery motion must be filed no later than five days after the motion). Accordingly, the Court
deems the motion to be unopposed. See id. (stating that failure to file a timely response will result in the discovery motion being deemed unopposed); see also Weaver v. Green Sols. of Fla. LLC, No. 6:23-cv-2059-CEM-LHP, 2024 WL 4275221, at *1 (M.D. Fla. Sept. 24, 2024) (granting motion to compel as unopposed when opposing party failed to file a timely response in accordance with Standing Discovery Order); 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.").
Absent any opposition from Defendant, the Court finds Plaintiff's motion (Doc. No. 39) well taken.
Accordingly, Plaintiff's motion (Doc. No. 39) is GRANTED, to the extent that the subpoena directed to Parallon Health Information Solutions, LLC (Doc. No. 39-1, at 3–6) is hereby QUASHED.
DONE and ORDERED in Orlando, Florida on September 24, 2025.
Uslis Horan Price
LESLIE HOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record
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Cited By (20 total)
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Engeper Am. Corp. v. Ohio Sec. Ins. Co. (M.D. Fla. 2025)…pposed 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 (…
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Pantoja v. Mattress Firm, 2024 WL 4275221 (M.D. Fla. 2025)…24, 2024) (granting motion to compel as unopposed when opposing party failed to file a timely response in accordance with Standing Discovery Order); 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."). Absent any opposition from Defendant, the Court finds Plaintiff's motion (Doc. No…1 / 2
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Pedersen v. City of Palm Bay (M.D. Fla. 2025)…granting motion to compel as unopposed when opposing party failed to file a timely response in accordance with Standing Discovery Order); 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 11448…1 / 2
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pantoja v. Mattress Firm, 2024 WL 4275221 (M.D. Fla. 2025)
- S. Coast K9 v. Heiser, 2024 WL 4275221 (M.D. Fla. 2025)