Pulley v. UnitedHealth Group Incorporated

Filing 76

ORDER denying 65 Motion for Issuance of subpoenas without prejudice. The Clerk of the Court is directed to send to Mr. Pulley a copy of this Order, as well as five signed, but otherwise blank, supoenas on the form titled Subpoena to Appear and T estify at a Hearing or a Trial in a Civil Action (Form No. AO-88). Once completed, Mr. Pulley should submit these subpoenas to the Clerk of the Court no later than 5 p.m. on Monday, May 13, 2013, and should file a notice with this Court that he has done so. When Mr. Pulley submits the completed subpoenas to the Clerk of the Court, the Clerk should transmit them to the U.S. Marshal's Service, and the Marshal's Service should serve the subpoenas in accordance with the Federal Rules of Civil Procedure. Signed by Judge Kristine G. Baker on 4/19/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DWIGHT PULLEY
v.

PLAINTIFF
No. 4:11-cv-00634-KGB

UNITED HEALTH GROUP INCORPORATED

DEFENDANT

ORDER
Before the Court is plaintiff Dwight Pulley’s motion for subpoenas (Dkt. No. 65).
Defendant has responded (Dkt. No. 66), and Mr. Pulley has replied (Dkt. No. 67). The Court
construes Mr. Pulley’s motion as a request for trial subpoenas. Mr. Pulley has not, however,
provided the Court with enough information with which to issue subpoenas. Additionally, several
of the items in Mr. Pulley’s motion appear to be discovery requests. Mr. Pulley’s motion for
subpoenas is denied without prejudice (Dkt. No. 65).
As an initial matter, Rule 45 of the Federal Rules of Civil Procedure contains information
regarding the form, contents, and procedures associated with subpoenas. Mr. Pulley has previously
been directed to be familiar and comply with the Federal Rules of Civil Procedure and the Local
Rules of this Court (Dkt. No. 8).
The Clerk of Court is directed to send to Mr. Pulley a copy of this Order, as well as five
signed, but otherwise blank, subpoenas on the form titled Subpoena to Appear and Testify at a
Hearing or Trial in a Civil Action (Form No. AO-88). Once completed in their entirety, Mr. Pulley
should submit these subpoenas to the Clerk of Court no later than 5:00 p.m. on Monday, May 13,
2013, and should file a notice with this Court that he has done so. When Mr. Pulley submits these
completed subpoenas to the Clerk of Court, the Clerk of Court should transmit them to the United
States Marshals Service (“USMS”). The USMS should then serve the subpoenas in accordance
with the Federal Rules of Civil Procedure.

For these reasons, Mr. Pulley’s motion for subpoenas is denied without prejudice (Dkt. No.
65).
SO ORDERED this the 19th day of April, 2012.

______________________________
Kristine G. Baker
United States District Judge

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