ALL UNDERWRITERS SUBSCRIBING TO POLICY OF INSURANCE NUMBER DWMZ15055BAA
v.
NORTH FLORIDA SHIPYARDS, INC.

M.D. Fla. | 2025-03-13
No. 3:24-cv-125
2022 WL 2275172 2025 FFL 6484 District Court, M.D. Florida (2025) Positive Treatment
Also reported at: 2022 WL 1619393 · 2022 WL 2275172
Cited by 5 cases

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Holding

The court held that a motion to compel compliance with a federal subpoena duces tecum must be filed in the district where compliance is required, and this court lacked jurisdiction as compliance was sought in a different district.

Facts & Procedural History

Plaintiffs moved to compel a nonparty, Jones Superyacht Miami, Inc., to comply with a subpoena duces tecum. The subpoena commanded production of docum…

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Topics
Federal Rule Of Civil Procedure 45 Motion To Compel Subpoena Duces Tecum Jurisdiction

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Opinion of the Court

THIS CAUSE is before the Court on Plaintiffs' Motion to Compel Compliance with Federal Subpoena Duces Tecum to Jones Superyacht Miami, Inc. (“Motion”). Doc. 22. Plaintiffs allege that they served a subpoena duces tecum on nonparty Jones Superyacht Miami, Inc. (“Jones Superyacht") but that Jones Superyacht failed to comply. Id. at 2-3. A copy of the subpoena at issue is attached to the Motion ("Subpoena"). Doc. 22-1. In the Motion, Plaintiffs move to compel Jones Superyacht to comply with the Subpoena pursuant to Rule 45, Federal Rules of Civil Procedure ("Rule(s)"). Doc. 22 at 3. [fn 1]

A motion to compel under Rule 45 must be filed in “the court for the district where compliance is required[.]” Fed. R. Civ. P. 45(d)(2)(B)(i); see also Fed. R. Civ. P. 45(g). "The prevailing rule across federal courts, and the courts within this circuit, is that a subpoena's place of compliance is the district where documents are to be produced." Celestin v. City of Ocoee, No. 6:21-cv-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 production of documents in Coral Gables, Florida. Doc. 22-1 at 3. Nevertheless, and without any discussion or explanation, Plaintiffs contend that “this Court has the authority to compel Jones Superyacht to produce the requested documents" pursuant to Rule 45. Doc. 22 at 3. That is not so. Because the Subpoena from Plaintiffs commanded the production of documents in Coral Gables, Florida, the Middle District of Florida lacks jurisdiction over the denial of the Motion. See, e.g., Gray v. Am. Marine Design Corp., No. 3:20-cv-1331-BJD-PDB, 2022 WL 18492519, at *1 (M.D. Fla. July 18, 2022); Shaw Grp., Inc. v. Zurich Am. Ins. Co., No. 12-cv-257-JJB-RLB, 2014 WL 68604, at *1 (M.D. La. Jan. 8, 2014). Moreover, though it is in turn unclear whether and to what extent the Motion is opposed (or, as to Jones Superyacht, is even known), upon consideration, the Court does not deem a response necessary, see Hot Wheels Lux, LLC v. Morris, No. 6:23-cv-394-PGB-DCI, 2024 WL 2273373, at *1 & n.1 (M.D. Fla. Apr. 10, 2024), and the Motion is further due to be denied as stated herein. 2

Motion. See Lebarr, 2022 WL 2275172, at *1; Celestin, 2022 WL 833131, at *1; Taser Int'l, 2022 WL 1619393, at *1.

Accordingly, the Motion (Doc. 22) is denied without prejudice.

DONE AND ORDERED in Jacksonville, Florida, on March 13, 2025.

Samuel J. Horovitz United States Magistrate Judge

Copies to: Counsel of Record 3

[fn 1]: The Motion fails to comply with Local Rule 3.01(g) and does not indicate it has been served on Jones Superyacht. See Doc. 22 at 3-4. Each of these failures independently warrants

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Cited By

  • All Underwriters Subscribing to Policy of Ins. No. DWMZ15055BAA v. N. Fla. Shipyards, Inc., 2022 WL 2275172 (M.D. Fla. 2025)
    …Fed. R. Civ. P. 45(g). "The prevailing rule across federal courts, and the courts within this circuit, is that a subpoena's place of compliance is the district where documents are to be produced." Celestin v. City of Ocoee, No. 6:21-cv-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.…
    1 / 5
  • Brant v. Palmer (M.D. Fla. 2025)
    …Fed. R. Civ. P. 45(g). "The prevailing rule across federal courts, and the courts within this circuit, is that a subpoena's place of compliance is the district where documents are to be produced." Celestin v. City of Ocoee, No. 6:21-cv-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.…
    1 / 5
  • Moore v. Pooches of Largo, Inc. (M.D. Fla. 2023)
    …ust be brought in the Western District of Texas. See SEC, 2021 WL 9440378, at *1 (“The issuing court lacks jurisdiction to enforce a subpoena if compliance will occur in another district.”) (citations omitted); Lebarr v. Lay, No. 3:20-cv-88-HLA-JBT, 2022 WL 2275172, at *1 (M.D. Fla. June 23, 2022) (“Because the subpoena requires compliance in the Northern District of Florida, any motion seeking to enforce the subpoena must be filed there or transferred from there.”); Fed. R. Civ. P. 45(d)(2)(B)(i) (stating t…

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