FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. _________

IN RE: CASE NO. 3:19-cv-001466 (S.D.OHIO)

JOHNSON ELECTRIC NORTH AMERICA, 

INC.

Plaintiff,

v.

HONEYWELL INTERNATIONAL, INC.

Defendants.

THIRD PARTY RECIPIENT FALCO

ELECTRONICS' RESPONSES AND OBJECTIONS TO SUBPOENA

Third Party Subpoena Recipient, Falco Electronics ("Falco"), pursuant to Fed. R. Civ. P.

45(d)(2)(b) provides its objections to the subpoena duces tecum served upon it by Johnson

Electric North America, Inc. ("Johnson Electric"), by U.S. Mail on or about June 2, 2020

(Exhibit "A") 1as follows:

PRELIMINARY STATEMENT AND GENERAL OBJECTIONS

1. Falco objects to the subpoena duces tecum to the extent that it seeks documents 

that are duplicative and cumulative of documents that should be more readily available from a 

party to the proceeding, rather than a non-party such as Falco. This unnecessary burdening, 

inconveniencing, and requiring a third party to engage in expensive production when less 

expensive alternatives are available is in contravention to Fed. R. Civ. P. 26(b)(2)(C). Johnson 

Electric seeks information that should be readily available from an actual party to the 

 

1 To undersigned's understanding, the subpoena was only served by regular U.S. Mail and 

due to the Covid19 epidemic and building closures, it is uncertain when exactly the subpoena 

was served, if at all.Falco has requested but has not yet received the return of service of the 

subpoena. 

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FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200

proceeding, Honeywell International, Inc. ("Honeywell"). See, e.g., Tresona Multimedia, LLC v. 

Legg, No. 15 C 4834, 2015 U.S. Dist. LEXIS 107723, at *9 (N.D. Ill. Aug. 17, 2015) ("A nonparty subpoena seeking information that is readily available from a party through discovery may 

be quashed as duplicative or cumulative ."); Hemlock Semiconductor Corp. v. Kyocera Corp., 

No. l 5-cv-11236, 2016 U.S. Dist. LEXIS 915, at *56 (E.D. Mich. Jan. 6, 2016) (quashing nonparty subpoenas, in part, because they were unreasonably cumulative or duplicative of discovery 

the defendant was able to obtain directly from the plaintiff). Here, most if not all of the 

information Johnson Electric seeks from Falco is duplicative or cumulative of information it can 

seek from Honeywell.

2. Johnson has submitted twelve broad categories of document requests which are in 

fact, overbroad, seek proprietary competitive information and are unduly burdensome. Falco is a 

competitor of Johnson. Falco objects to the production of any electronically stored information 

("ESI") or paper documents until Falco has had the opportunity to confer with all parties, 

determine how the requests can be narrowed to avoid undue burden and expense, including the 

preparation of ESI protocols narrowing down the relevant time period specified and the scope of 

the requests in accordance with Fed. R. Civ. P. 26(b)(2)(B) and (C) to prevent significant 

expense resulting from compliance and to protect Falco from disclosing trade secrets and 

confidential research, development or commercial information or other privilege. Fed. R. Civ. 

P.45(d)(2)(B), (d)(3) and (e)(2)(A)(B). Falco reserves the right to file a motion to quash the 

subpoena after conferring with Johnson.

3. Falco objects to the production of all documents designated in the subpoena duces 

tecum to the extent that the Request seeks discovery or information beyond the scope of 

discovery permitted under the Federal Rules of Civil Procedure or is otherwise overbroad, 

unduly burdensome, or harassing.

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FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200

4. Falco objects to any production of all documents designated in the subpoena 

duces tecum which contains words or phrases which are undefined and thus require Falco to 

guess or speculate as to what information is being requested under the Request and which is also, 

consequently, vague, and ambiguous.

5. Ms. Elisa Gibellini is General Counsel to a multiple number of "Falco"

corporations. Consequently, addressing the subpoena duces tecum to "Falco c/o Ms. Elisa 

Gibellini, General Counsel" renders the subpoena duces tecum vague, ambiguous and overbroad 

and forces Falco to guess or speculate as to which Falco entity the documents are being 

requested from.

6. Falco does not concede that the documentation and/or information is properly 

discoverable or admissible at trial and reserves the right to object to further discovery into the 

subject matter of each request and to object to the admissibility of the information provided.

7. Falco reserves the right to supplement or amend its responses. 

8. Subject to these objections, above, Falco submits the following specific 

objections:

FALCO'S SPECIFIC RESPONSES TO JOHNSON ELECTRIC'S SUBPOENA

1. Request No. 1 (As Amended): 2 All documents related to any contractual

agreement or potential agreement with Honeywell as it relates to the Alpha4 project, between

2015 and the present, including but not limited to related correspondence and drafts of any

such agreement.

RESPONSE: Falco objects to Request No. 1, as amende d , because it is overly broad

and unduly burdensome. Moreover, Falco objects to this Request because it is not

 

2 By email dated June 10, 2020 (attached hereto as Exhibit "B"), counsel for Johnson 

proposed to narrow some of the requests. Consequently, Falco has included the proposed

amended requests rather than the original requests as originally propounded. 

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FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200

limited to a reasonable time limitation. Furthermore, Falco objects to this Request

because it seeks information that can easily be obtained by discovery directly from 

Honeywell without burdening a third party such as Falco. Further, by this request 

Johnson is seeking trade secret or other confidential research, development or 

commercial competitive and proprietary information of Falco's means and methods 

which shall be set forth by separate motion to quash. Moreover, this request is 

particularly onerous as it seeks proprietary information from a Johnson Electric

competitor.

Falco also objects to Johnson Electric's document request as it seeks to obtain

confidential and proprietary business dealings between Honeywell and Falco and

also objects to this request because it seeks information that is confidential and

proprietary. Ultimately to the extent that any such information is determined to be 

discoverable shall only be produced subject to a properly entered Protective & 

Confidentiality Order.

2. Request No. 2: All documents related to any contractual agreement or potential

agreement with Honeywell, related to Honeywell's Alpha 4 Program, including but not limited

to related correspondence and drafts of any such agreement.

RESPONSE: Other than the reference to the amendment, see response and objection to 

Request No. 1. because it seeks information that is confidential and/or proprietary and 

from a Johnson Electric competitor. 

3. Request No. 3: All documents related to the design, manufacture, or production

of a meter base, relay or switch for Honeywell's Alpha 4 Program.

RESPONSE: Falco objects to this request because it seeks information that is

confidential and/or proprietary. Falco also objects to this request because it seeks

information that can easily be obtained by discovery propounded onto Honeywell. 

Falco also objects to this request because any information not in possession of 

Honeywell is confidential and/or proprietary. Such information, to the extent

produced by Falco, shall only be produced subject to a properly entered Protective and 

Confidentiality Order, which the parties shall agree upon. Moreover, this request

particularly seeks proprietary information from a Johnson Electric competitor.

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FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200

4. Request No. 4: All documents regarding Honeywell's Alpha 4 Program,

including, but not limited to, specifications, requirements, forecasts, purchase orders, quotes,

or agreements.

RESPONSE: Falco objects to Request No. 4 because it seeks information that is

confidential and/or proprietary. Furthermore, Falco a l s o objects to this Request

because it seeks information that can easily be obtained by discovery propounded onto

Honeywell. Falco objects to Request No. 4 because it is overly broad and unduly 

burdensome. In any event, if the determination is made that this request must be complied 

with, such information should only be produced subject to a properly entered

Protective & C o n f i d e n t i a l i t y Order.

5. Request No. 5: All correspondence between Falco Electronics and Honeywell

related to the Alpha 4 Program.

RESPONSE: Falco objects to Request No. 5 because it is overly broad and unduly 

burdensome. Falco a l s o objects to this Request because it seeks information that is

confidential and/or proprietary. In any event, if the determination is made that this 

request must be complied with, Such information, to the extent produced by Falco, such 

information shallould only be produced subject to a properly entered Protective & 

Confidentiality Order.

6. Amended Request No. 6: All correspondence, between 2017 and the present,

between Falco Electronics and Honeywell mentioning or referring to Johnson Electric and the 

Alpha4 project, the RexU product, or the supply of products to Johnson Electric for the 

production of the Alpha 4 project.

RESPONSE: Falco objects to this Request because it is overly broad and unduly 

burdensome. Falco objects to this Request because it is not limited to a reasonable

scope in relation to the claims and defenses in this action.

Falco also objects as Johnson Electric, as a competitor, clearly seeks to obtain

confidential and proprietary business dealings between Honeywell and Falco, and 

because it seeks information that is confidential and/or proprietary. In any event, if the 

determination is made that this request must be complied with, Such information, to the 

extent produced by Falco, such information should only be produced subject to a properly 

entered Protective & Confidentiality Order.

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FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200

7. Request No. 7: All documents related in any way to Falco's bid, quote, or

production of Honeywell 's Alpha 4 program, or any related component.

RESPONSE: Falco objects to this Request because it seeks information that is

confidential and/or proprietary. In any event, if the determination is made that this 

request must be complied with, such information should only be produced subject to a 

properly entered Protective & Confidentiality Order.

8. Request No. 8: All documents that are related in any way to Honeywell's

March 5, 2019 E-Auction.

RESPONSE: Falco objects to Request No. 8 because it seeks information that is

confidential and/or proprietary. Furthermore, Falco also objects to this Request because

it seeks information that is more easily available from the E-Auction company that 

conducted said auction or can more readily be obtained by discovery from Honeywell.

9. Amended Request No. 9: All purchase orders received by Honeywell between

April 2017 and the present any products related to the Alpha4 project or RexU products.

RESPONSE: Falco objects to Request No. 9 because it is overly broad and unduly 

burdensome. Moreover, the Request does not make sense as Johnson is requesting 

purchase orders received by Honeywell. Johnson Electric, as a competitor, clearly seeks

to obtain confidential and proprietary business dealings between Honeywell and Falco, 

and it seeks information that is confidential and/or proprietary. In any event, if the 

determination is made that this request must be complied with, such information should

only be produced subject to a properly entered Protective & Confidentiality Order.

10. Request No. 10: All documents related to any meeting between Honeywell and

Falco regarding the Alpha 4 Program, including, but not limited to, calendar notices, agendas,

meeting notes and related correspondence.

RESPONSE: Falco objects to Request No. 10 because it seeks information that is

confidential and/or proprietary. . Falco also objects to Request No. 10 because it is

overly broad and unduly burdensome. In any event, if the determination is made that this 

request must be complied with, such information should only be produced subject to a 

properly entered Protective & Confidentiality Order

11. Request No. 11: All documents related to the design of the Alpha 4 Program

as an integrated meter base.

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FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200

RESPONSE: Falco objects to Request No. 11 because it seeks information that is

confidential and/or proprietary. In any event, if the determination is made that this 

request must be complied with, Such information, to the extent produced by Falco, such 

information should only be produced subject to a properly entered Protective & 

Confidentiality Order.

 

12. Request No. 12: All documents related to any ANSI testing of any component

of the Alpha 4 Program.

RESPONSE: Falco objects to Request No. 12 because it seeks information that is

confidential and/or proprietary. Such information, to the extent produced by Falco,

should only be produced subject to a properly entered Protective Order, which the

parties have discussed. Furthermore, Falco a l s o objects to this Request because it

seeks information that can easily be obtained by discovery propounded to Honeywell.

Falco also objects to Request No. 12 because it is overly broad and unduly burdensome.

Respectfully submitted,

/s/ Daniel A. Milian

Daniel A. Milian

Fla. Bar No. 74803

Email: dmilian@fowler-white.com

Luis S. Konski

Fla. Bar No. 207837

Email: lkonski@fowler-white.com

Ana E. Tovar

Fla. Bar No. 1008100

Email: atovar@fowler-white.com

FOWLER WHITE BURNETT, P.A.

Brickell Arch, Fourteenth Floor

1395 Brickell Avenue

Miami, Florida 33131

Telephone: (305) 789-9200

Facsimile: (305) 789-9201

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FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 19

th day of June, 2020, the foregoing document was 

electronically filed with the Clerk of the Court using the Florida e-filing portal. I also certify that 

the foregoing document is being served this day on the attached service list. 

/s/ Daniel A. Milian

Daniel A. Milian

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FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200

SERVICE LIST

Martin A. Foos, Esq.

Gottschlich & Portune, LLP

201 SE 6th Street

Dayton, OH 45402

mfoos@gplawdayton.com

Amanda M. Fielder

Warner Norcros & Judd, LLP 

150 Ottawa Avenue, NW

Suite 1500

Grand Rapids, MI 49503

afielder@wnj.com

Michael G. Brady, Esq.

Warner Norcross & Judd, LLP

2000 Town Center

Suite 2700

Southfield, MI48075

R. Scott Keller

111 Lynon Street, NW

Suite 900

Grand Rapids, MI 49503

skeller@wnj.com

Thomas J. Manganello

Warner Norross & Judd, LLp

2000 Town Center

Suite 2700

Southfield, MI 48075

tmanganello@mnj.com

Christine M. Haaker, Esq.

Thompson Hine LLP

Austin Landing I

10050 Innovation Drive 

Suite 400

Dayton, OH 45342

christine.haaker@thompsonhine.com

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FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200

Kelsey J. Mincheff, Esq.

Thompson Hine LLP

Austin Landing I

10050 Innovation Dr. 

Suite 400

Miamisburg, OH 45342

Sean Patrick McCormick, Esq.

Thompson Hine LLP

10050 Innovation Drive

Suite 400

Miamisburg, OH 45342

sean.mccormick@thompsonhine.com

4817-8310-2144, v. 7

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