Liscomb v. Yates et al

Filing 24

ORDER granting 21 MOTION to Quash filed by Henry Boyce. The subpoena is quashed. If the plaintiff wishes to depose Boyce, he will need to file a motion for extension of the discovery deadline to enable him to depose Boyce and state good cause for the requested extension. If that motion is granted, the deposition will need to be rescheduled for a time when Boyce is not scheduled for trial. Signed by Judge J. Leon Holmes on 8/29/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION BLAKE LISCOMB v. PLAINTIFF NO. 3:15CV00280 JLH JEFF YATES, individually and in his official capacity as Lawrence County Sheriff; and DALE FREEMAN, individually and in his official capacity as Lawrence County Judge DEFENDANTS ORDER Henry Boyce, prosecuting attorney for Arkansas’s Third Judicial District, has moved to quash a subpoena issued by plaintiff’s counsel. The subpoena would require Boyce to appear for a deposition on August 30, 2017. Boyce argues that the subpoena should be quashed for several reasons. Included in those reasons is that Boyce was not given adequate notice, Boyce is scheduled to be in Randolph County all week because this week is the jury trial term for that county, and the discovery deadline has passed.. The plaintiff asserts that he needs to depose Boyce to prepare for a mediation scheduled for September 13, 2017. He does not, however, explain why Boyce ‘s testimony is needed in preparation for the mediation or why Boyce was not deposed before the discovery deadline. The motion is therefore GRANTED. Document #21. The subpoena is quashed. If the plaintiff wishes to depose Boyce, he will need to file a motion for extension of the discovery deadline to enable him to depose Boyce and state good cause for the requested extension. If that motion is granted, the deposition will need to be rescheduled for a time when Boyce is not scheduled for trial. IT IS SO ORDERED this 29th day of August , 2017. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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