Pense v. Ally Financial Incorporated et al

Filing 4

ORDER granting 2 MOTION. Bank of America must respond to Pense's subpoena by 9/22/2017. Pense must serve another copy of the subpoena and this Order on Bank of America's registered agent, and any lawyer whom Pense knows to be representing the bank in this dispute by 8/31/2017. Pense must file proof of service. Signed by Judge D. P. Marshall Jr. on 8/21/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
RONALD PENSE

v.

PLAINTIFF
No. 4:17-mc-7-DPM

ALLY FINANCIAL INCORPORATED,
previously known as GMAC, Inc.;
and EQUIFAX INFORMATION
SERVICES, LLC

DEFENDANTS

ORDER

1. Some months ago, Pense served a subpoena issued by the Western

District of Arkansas, the Court presiding over his ongoing lawsuit, on a nonparty, Bank of America, N.A. Ng 28, in No. 5:16-cv-5275-TLB. He has now
moved this Court to compel compliance. Pense seeks relief here because Bank
of America was supposed to produce documents at Pense's lawyer's office,
which is in the Eastern District. Ng 2;

FED R.

Crv. P. 45(g). There's no return

of service; but the record contains several letters from Bank of America
indicating that the subpoena was received. Bank of America hasn't appeared
or responded in this miscellaneous proceeding.
2. The motion, Ng 2, is granted. Bank of America must respond to

Pense's subpoena by 22 September 2017. Pense must serve another copy of
the subpoena and this Order on Bank of America's registered agent, and any

lawyer whom Pense knows to be representing the bank in this dispute, by 31
August 2017. Pense must file proof of service.
So Ordered.

D.P. Marshall {r:
United States District Judge

-2-