Stryker Orthopaedics v. Nizolek

Filing 25

ORDER granting 13 Motion to Compel Compliance with Subpoenas. See attached order. Signed by Judge Donna F. Martinez on 5/9/11. (Constantine, A.)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT STRYKER ORTHOPAEDICS, : : : : : : : : : Plaintiff, v. SCOTT NIZOLEK, Defendant. CIVIL NO. 3:11MC10 (DFM) RULING ON MOTION TO COMPEL COMPLIANCE WITH SUBPOENAS This motion arises out of litigation pending before the United States District Court for the District of New Jersey. Orthopaedics v. Nizolek, Civil No. No. 09-cv-3469. See Stryker In conjunction with that litigation, the plaintiff served subpoenas on non-party witnesses located in Connecticut –- Marcus Bartone, Brad Wood and Craig Jackson -- seeking production of documents. objected to the confidentiality requests and also on the claimed grounds that of they did The witnesses relevancy not and have any responsive documents. The plaintiff then filed a "motion to compel compliance with subpoenas" now pending before the court. #13.) compel. (Doc. The witnesses did not file a response to the motion to On May 3, 2011, the court held a hearing on the motion. The witnesses, appearing pro se, attended the hearing. After hearing the plaintiff and the witnesses' arguments, the court overrules the objections and grants the plaintiff's motion. The witnesses are hereby ORDERED to make a good faith search for the responsive documents requested. By May 16, 2011, the witnesses shall produce to the plaintiff the documents requested by the subpoena. If the witnesses do not have any responsive documents, they shall provide a statement under oath stating that fact and explaining their search efforts. In the event the witnesses deleted any responsive documents, they must indicate what documents were deleted and when they were deleted. The plaintiff shall cause a copy of this order to be served on the witnesses by May 11, 2011 and shall file proof of service. SO ORDERED at Hartford, Connecticut this 9th day of May, 2011. __________/s/_________________ Donna F. Martinez United States Magistrate Judge 2

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