ZMCC PROPERTIES LLC v. PrimeOne Insurance Company ( 2021 )

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______________________________________________________________________ ZMCC PROPERTIES LLC, Plaintiff, v. Case No. 19-12428 PRIMEONE INSURANCE COMPANY, Defendant. __________________________________/ ORDER GRANTING DEFENDANT’S MOTION TO COMPEL Plaintiff ZMCC Properties LLC brings this action for breach of contract and reformation. (ECF No. 28, PageID.736-47.) Defendant PrimeOne Insurance Co. moves to compel Non-Parties Alan Markovitz, ABCDE Land LLC, and AM & LN Properties LLC to comply with subpoenas Defendant issued on February 23, 2021, under Federal Rule of Civil Procedure 45. (ECF No. 51.) Non-Parties filed a timely response to Defendant’s motion. (ECF No. 53.) They explain that, due to an administrative error, the subpoenas were forwarded to an attorney who no longer represents Non-Parties. (Id., PageID.1724.) In the response, Non-Parties do not dispute the validity of Defendant’s subpoena, nor do they contend that the discovery requests are irrelevant, overly burdensome, or seek privileged information. (Id.) Instead, because of the claimed administrative error, Non-Parties ask for additional time to investigate available records and obtain the documents and information Defendant sought in its subpoena. (Id.) Defendant did not file a reply opposing Non-Parties’ request for additional time. Defendant’s motion is well supported, and Non-Parties do not oppose production of the information Defendant requested in its February 23 subpoena. Thus, the court will grant Defendant’s motion to compel, and it will provide Non-Parties until May 21, 2021, to comply with the subpoena. If, by May 21, Non-Parties fail to produce the documents and information requested in the subpoena, the court will consider imposing on Non- Parties contempt sanctions under Federal Rule of Civil Procedure 45(g). See 9A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2465 (3d ed. 2020) (“There is no doubt . . . that there is judicial power to punish the failure to comply with a valid subpoena as a contempt of court.”); Bariteau v. Krane, 206 F.R.D. 129, 131 (W.D. Ky. 2001) (“Courts have often found a person in contempt for refusing to comply with a validly issued subpoena without objecting to it or making a motion to quash.”). Accordingly, IT IS ORDERED that Defendant’s “Motion to Compel Non-Parties’ Compliance with Subpoena” (ECF No. 51) is GRANTED. Non-Parties Alan Markovitz, ABCDE Land LLC, and AM & LN Properties LLC are DIRECTED to produce all documents and information responsive to Defendant’s subpoena (ECF No. 51-2) by May 21, 2021. s/Robert H. Cleland / ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: May 3, 2021 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, May 3, 2021, by electronic and/or ordinary mail. s/Lisa Wagner / Case Manager and Deputy Clerk (810) 292-6522 S:\Cleland\Cleland\JUDGE'S DESK\C2 ORDERS\19-12428.ZMCC.MotiontoCompel.RMK.2.docx