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Peterson v. Capital Link Mgmt. LLC

Although Unopposed Subpoena Is Deficient Due to Lack of Critical Exhibit Document

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DECISION AND ORDER In April 2023 plaintiff Wade Peterson obtained a Final Judgment in the United States District Court for the Northern District of Florida against defendant Capital Link Management LLC (“Capital Link”) in the amount of $11,320, comprised of $1,000 in statutory damages and $10,320 in fees and costs, which was later registered in this court.1 Before the court is Peterson’s unopposed motion [8], as supplemented [12], to compel compliance with a post-judgment subpoena directed to Jonathan Rinker, the owner of Capital Link, which has been referred to me by District Judge Lawrence J. Vilardo for initial consideration [4]. For the following reasons, the motion is denied, without prejudice. BACKGROUND On June 21, 2023, the Final Judgment was registered in this court [1]. Promptly thereafter, subpoenas were served on three of the known owners and managers of Capital Link, including Rinker. See Lemberg Affidavit [12],

5-6. On September 11, 2023 Peterson’s counsel spoke to Rinker, who stated that he would produce the requested documents if compelled by a court to do so. See id., 7. The initial subpoena was returnable outside of the District, and the attorney upon whom the subpoena was served stated that he did not represent Rinker and was not authorized to accept service. See September 20-21, 2023 e-mail exchange [5]. Therefore, Peterson’s initial motion to compel compliance with the subpoena directed to Rinker was denied without prejudice. See September 22, 2023 Text Order [5]. After several attempts to personally serve Rinker at his residence were unsuccessful, in December 2023 I granted Peterson’s motion to serve Rinker with a revised subpoena by certified mail. See Motion for Leave to Serve By Alternative Means [6],

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