HUMPHREY et al v. LOBMILLER et al
Filing
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ORDER denying as moot 12 Motion to Quash; denying as moot 13 Motion to Quash; denying as moot 14 Motion to Quash. Accordingly, Defendants' subpoenas sought to be quashed by Plaintiffs are STAYED WITHOUT PREJUDICE. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 10/23/2024. (ksl)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
WILLIE LEE HUMPHREY, et al. ,
Plaintiffs,
v.
RYAN LOBMILLER, et al. ,
Defendants.
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CASE NO: 7:24-cv-85 (WLS)
ORDER
Before the Court are three motions filed October 16, 2024, by Plaintiffs to quash or
modify Defendants’ subpoenas issued to the medical providers of Linda Humphrey (Doc. 12),
Willie Lee Humphrey (Doc. 13), and Jerry Hurley (Doc. 14) (together the “Motions to
Quash”). Federal Rule of Civil Procedure 26(b)(1) grants the district court broad authority to
control the scope of discovery. Further, under Rule 26(d)(1), “[a] party may not seek discovery
from any source before the parties have conferred as required by Rule 26(f), except . . . when
authorized by these rules, by stipulation, or by court order.” An initial discovery/scheduling
conference has not been held in this matter, and no discovery order has been entered.
According to the Rules and this Court’s practices, prior to the initial discovery conference, the
Parties may conduct such discovery as they agree to between themselves. However, the Court
will not entertain disagreements as to discovery outside of, or prior to, the time the initial
discovery conference is held.
Accordingly, it is hereby ORDERED, that:
1.
Pending a discovery conference and entry of a discovery/scheduling order,
discovery is stayed except to the extent, if any, that the Parties might mutually agree without
the necessity of discovery enforcement by the Court. Accordingly, Defendants’ subpoenas
sought to be quashed by Plaintiffs are STAYED WITHOUT PREJUDICE, and Plaintiffs’
Motions to Quash (Docs. 12, 13, 14) are DENIED AS MOOT, WITHOUT PREJUDICE.
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2.
By separate order, the Court will schedule the initial, in-person, discovery
conference in this matter.
SO ORDERED, this 23rd day of October 2024.
/s/ W. Louis Sands
W. LOUIS SANDS, SR. JUDGE
UNITED STATES DISTRICT COURT
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