Stryker Orthopaedics v. Nizolek
ORDER granting 13 Motion to Compel Compliance with Subpoenas. See attached order. Signed by Judge Donna F. Martinez on 5/9/11. (Constantine, A.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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.
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.
responsive documents. The plaintiff then filed a "motion to compel
compliance with subpoenas" now pending before the court.
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
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.
Donna F. Martinez
United States Magistrate Judge
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