VAN RENSBURG
v.
CLICKATELL, INC.

M.D. Fla. | 2025-06-12
No. 2:24-cv-50
2022 WL 1619393 2025 FFL 15024 District Court, M.D. Florida (2025) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Plaintiff sought to compel a non-party subpoena to produce documents in Fort Lauderdale (Southern District of Florida), but the motion was denied because it was filed in the wrong venue. Under Federal Rule of Civil Procedure 45(g), enforcement motions for subpoenas must be presented in the district where compliance is required.

Holding

The motion to compel must be denied because it was filed in the wrong venue. Any motion to enforce the subpoena or to sanction the non-party for non-compliance must first be presented in the Southern District of Florida, where compliance is required, unless exceptional circumstances exist or the non-party consents to transfer under Federal Rule of Civil Procedure 45(f).

Key Quotes

“any motion to enforce the subpoena or to sanction Arrowroot for non-compliance must first be presented there”

Establishes that subpoena enforcement motions must be brought in the district where compliance is required, not the litigation venue

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Facts & Procedural History

Plaintiff filed a motion to compel Arrowroot Capital Management, LLC to produce documents in Fort Lauderdale, which is located in the Southern Distric…

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Topics
Sanctions For Non-Compliance Motion To Compel Venue

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Opinion of the Court

Before the Court is Plaintiffs Motion to Compel Compliance with Non- Party Subpoena. (Doc. 42.) [fn 1] The motion will be denied because it was filed in the wrong venue. Plaintiff seeks to compel Arrowroot Capital Management, LLC to produce documents in Fort Lauderdale, which is in the Southern District of Florida. (Doc. 42-3.) Thus, any motion to enforce the subpoena or to sanction Arrowroot for non-compliance must first be presented there. See Fed. R. Civ. P. 45(g); see also Taser Int'l, Inc. v. Phazzer Elecs., Inc., No. 6:16- CV-366-PGB-LHP, 2022 WL 1619393, at *1 (M.D. Fla. Apr. 19, 2022). If the Southern District finds exceptional circumstances, or if Arrowroot consents, the motion can be transferred here for resolution. See Fed. R. Civ. P. 45(f). Accordingly, it is ORDERED:

Plaintiff's Motion to Compel Compliance with Non-Party Subpoena (Doc. 42) is DENIED.

ENTERED in Fort Myers, Florida on June 12, 2025.

Kyle C. Dudek United States Magistrate Judge

[fn 1]: Unless otherwise indicated, all internal quotation marks, citations, and alterations have been omitted in this and later citations.

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Citator

Cited By

  • All Underwriters Subscribing to Policy of Ins. No. DWMZ15055BAA v. N. Fla. Shipyards, Inc., 2022 WL 2275172 (M.D. Fla. 2025)
    …v-896-RBD-EJK, 2022 WL 833131, at *1 (M.D. Fla. Jan. 13, 2022) (collecting cases); see also Lebarr v. Lay, No. 3:20-cv-88- HLA-JBT, 2022 WL 2275172, at *1 (M.D. Fla. June 23, 2022); Taser Int'l, Inc. v. Phazzer Elecs., Inc., No. 6:16-cv-366-PGB-LHP, 2022 WL 1619393, at *1 (M.D. Fla. Apr. 19, 2022). Any other district lacks jurisdiction over a Rule 45 motion to compel. See Lebarr, 2022 WL 2275172, at *1; Celestin, 2022 WL 833131, at *1; Taser Int'l, 2022 WL 1619393, at *1. Here, the Subpoena commanded the prod…
    1 / 3
  • Van Rensburg v. Clickatell, Inc., 2022 WL 1619393 (M.D. Fla. 2025)
    …ict of Florida. (Doc. 42-3.) Thus, any motion to enforce the subpoena or to sanction Arrowroot for non-compliance must first be presented there. See Fed. R. Civ. P. 45(g); see also Taser Int’l, Inc. v. Phazzer Elecs., Inc., No. 6:16- CV-366-PGB-LHP, 2022 WL 1619393, at *1 (M.D. Fla. Apr. 19, 2022). If the Southern District finds exceptional circumstances, or if Arrowroot consents, the motion can be transferred here for resolution. See Fed. R. Civ. P. 45(f). Accordingly, it is ORDERED: 1 Unless otherwise indic…
  • Brant v. Palmer (M.D. Fla. 2025)
    …v-896-RBD-EJK, 2022 WL 833131, at *1 (M.D. Fla. Jan. 13, 2022) (collecting cases); see also Lebarr v. Lay, No. 3:20-cv-88- HLA-JBT, 2022 WL 2275172, at *1 (M.D. Fla. June 23, 2022); Taser Int'l, Inc. v. Phazzer Elecs., Inc., No. 6:16-cv-366-PGB-LHP, 2022 WL 1619393, at *1 (M.D. Fla. 7 ---PAGE 8--- Case 3:13-cv-00412-MMH-SJH Document 190 Filed 06/25/25 Page 8 of 9 PageID 3450 Apr. 19, 2022).³ Any other district lacks jurisdiction over a Rule 45 motion to compel. See Lebarr, 2022 WL 2275172, at *1; Celestin, 2…
    1 / 3

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