UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:20-cv-22423-UU

ORDER GRANTING PLAINTIFF AND COUNTERCLAIM-DEFENDANT 

SH GROUP GLOBAL IP HOLDINGS, L.L.C.’S MOTION TO COMPEL

This matter is before the Court on Plaintiff/Counterclaim-Defendant’s SH GROUP 

GLOBAL IP HOLDINGS, L.L.C.’s (“SH Group”) Motion to Compel 

Defendant/Counterclaim-Plaintiff JOHN P. BOSTANY (“Bostany”) to Produce 

Responsive Documents (the “Motion”). [ECF No. 42]. The Motion was referred to the 

Undersigned to take all necessary and proper action as required by law with respect to the 

SH GROUP GLOBAL IP HOLDINGS, 

L.L.C.,

Plaintiff,

v. 

2399 COLLINS AVENUE 

CONDOMINIUM ASSOCIATION, INC. 

and JOHN P. BOSTANY,

Defendants.

 

2399 COLLINS AVENUE 

CONDOMINIUM ASSOCIATION, INC., 

Counterclaimant,

v. 

SH GROUP GLOBAL IP HOLDINGS, 

L.L.C.,

Counterclaim-Defendant.

 

Case 1:20-cv-22423-UU Document 68 Entered on FLSD Docket 11/17/2020 Page 1 of 3
2 

Motion. [ECF No. 43]. The Court, having reviewed the Motion, the Responses to the 

Motion [ECF Nos. 46, 47, 55, 60], the Reply [ECF No. 63], and having held a hearing 

[ECF No. 65]1, and being otherwise fully advised in the premises, hereby GRANTS the 

Motion to Compel as follows: 

It is hereby ORDERED that Bostany is Ordered to conduct a reasonably diligent 

search for, and produce any, documents responsive to the discovery requests which are in 

his possession, custody or control, including but not limited to his personal files, personal 

e-mail account(s), and document sources that may or may not also be accessible to 

Defendant/Counterclaimant 2399 COLLINS AVENUE CONDOMINIUM 

ASSOCIATION, INC. (the “Association”). For the avoidance of doubt, the Court finds 

that Bostany, as an individual defendant in this action, is required to comply with the 

Federal Rules of Civil Procedure and that his obligations are independent of and concurrent 

with the obligations of the Association. 

It is further ORDERED that SH Group is entitled to, and Bostany is obligated to 

pay, SH Group’s expenses, including its reasonable attorneys’ fees and costs in connection 

with the Motion, pursuant to Fed. R. Civ. P. 37. Prior to filing any motion for these 

expenses, the parties must confer and make a good faith effort to resolve the issue of 

attorneys’ fees pursuant to S.D. Fla. L.R. 7.1(a)(3) and S.D. Fla. L.R. 7.3. 

If the parties are unable to reach an agreement and Court intervention is required, 

SH Group shall file a motion indicating and supporting the requested amount of expenses. 

Such a motion must be done in compliance with S.D. Fla. L.R. 7.3(a). Such a motion shall 

1 As noted in the Minute Order [ECF No. 67] entered on November 12, 2020, the Court also heard 

Defendants’ Motion to Seal [ECF Nos. 58–59], the Response thereto [ECF No. 62], and the Reply [ECF No. 

64], and defers ruling on that Motion at this time.

Case 1:20-cv-22423-UU Document 68 Entered on FLSD Docket 11/17/2020 Page 2 of 3
3 

be filed within 14 days of this Order. If such a motion is filed, Bostany may file a response 

within 7 days of the filing of SH Group’s motion. 

Finally, the parties may file the respective motion for expenses/attorneys’ fees and 

the response, if any, or confidential portions thereof, under seal, consistent with the 

requirements of S.D. Fla. L.R. 5.4(b).

DONE AND ORDERED in this 16th day of November, 2020.

 ____________________________________ 

 UNITED STATES MAGISTRATE JUDGE

Cc: U.S. District Judge Ursula Ungaro; and 

All Counsel of Record via CM/ECF

Case 1:20-cv-22423-UU Document 68 Entered on FLSD Docket 11/17/2020 Page 3 of 3