Real v. The City of Fort Myers et al
ORDER denying 35 Plaintiff's Letter Motion to Magistrate Judge Carol Mirando. Signed by Magistrate Judge Carol Mirando on 4/13/2018. (HJ)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Case No: 2:17-cv-117-FtM-38CM
THE CITY OF FORT MYERS,
MICHEL PERRY and MICHAEL
This matter comes before the Court upon review of Plaintiff’s Letter Motion to
Magistrate Judge Carol Mirando (Doc. 35) filed on April 10, 2018, construed as a
motion for sanctions.
Plaintiff argues Defendants’ motion to quash his subpoenas
misstated that he did not object to the motion, although he did.
Doc. 35 at 1-2.
Thus, Plaintiff seeks the Court to sanction Defendants, asserting Defendants lied to
Id. at 2-3.
Contrary to Plaintiff’s assertion, Defendants’ amended
motion to quash subpoenas correctly stated Plaintiff objected to the motion.
Furthermore, regardless of Plaintiff’s objection to the motion, the Court
granted the motion to quash and quashed the subpoenas because Plaintiff’s
subpoenas required certain witnesses to appear and testify during a Preliminary
Pretrial Conference, a hearing that does not require testimony. Doc. 33 at 2.
the Court will deny the present motion as moot.
ACCORDINGLY, it is hereby
Plaintiff’s Letter Motion to Magistrate Judge Carol Mirando (Doc. 35) is
DONE and ORDERED in Fort Myers, Florida on this 13th day of April, 2018.
Counsel of record
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