VAI Resorts LLC v. Hillig et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
VAI Resort LLC, et al.,
Plaintiffs,
v.
Scott Hillig, et al.,
Defendants.
No. CV-25-02201-PHX-ROS
ORDER
Before the Court is Defendants’ Motion to Compel J.S. Green Associates d/b/a/ Lily
Jack to Comply with Subpoena Duces Tecum. (Doc. 32). According to the Motion,
Defendants served Lily Jack with a Subpoena through its statutory agent on January 20,
2026, seeking production of certain documents and ESI. Also according to the Motion,
after several contact attempts, Lily Jack has failed to produce the responsive material or
object. (See Doc. 32 at 3).
Federal Rule of Civil Procedure 45 requires a nonparty served with a subpoena to
produce responsive documents or serve timely objections. Where the nonparty has failed
to respond, the Court may issue an order compelling production. See Fed. R. Civ. P. 45.
The Subpoena calls for documents and ESI to be produced electronically or mailed and
does not require personal appearance. Thus, Defendants have complied with the provisions
Rule 45, and Lily Jack has not filed an objection on procedural or other grounds.
Defendants have also requested Lily Jack be ordered to pay Defendants’ fees and costs
associated with filing the Motion; the Court finds the imposition of fees and costs on a
Case 2:25-cv-02201-ROS Document 43 Filed 05/27/26 Page 1 of 2

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nonparty to be inappropriate at this time. As such, the Motion will be granted in part.
IT IS ORDERED the Motion to Compel, (Doc. 32), is GRANTED IN PART.
IT IS FURTHER ORDERED J.S. Green Associates d/b/a/ Lily Jack shall produce
all documents responsive to the subpoena within ten business days of the date of this Order.
IT IS FURTHER ORDERED any objections to the subpoena by J.S. Green
Associates d/b/a Lily Jack are waived under Federal Rule of Civil Procedure 45(d)(2)(B).
Dated this 27th day of May, 2026.
Honorable Roslyn O. Silver
Senior United States District Judge
Case 2:25-cv-02201-ROS Document 43 Filed 05/27/26 Page 2 of 2