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.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
STRYKER ORTHOPAEDICS,

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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

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