Luke v. University Hospital

Filing 31

ORDER denying 27 Motion to Subpoena Witness. Plaintiff may seek a subpoena from the Clerk of Court for the Southern District of Georgia. Signed by Magistrate Judge Brian K. Epps on 05/11/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

RAMONICA M. LUKE,
Plaintiff,
v.

UNIVERSITY HOSPITAL,
Defendant.

)
)
)
)
)
)
)
)
)
)
_________

CV 117-125

ORDER
_________
Before the Court is Plaintiff’s Motion to Subpoena Witness, in which Plaintiff asks
the Court to require Vita Mason’s presence at a deposition on May 8, 2018 at 9:30 a.m.
(Doc. no. 27.) Plaintiff also requests the Court order Ms. Mason to disclose her contact
information or address where the subpoena can be sent. (Id.)
As the Court previously explained in its October 13, 2017 Order providing Plaintiff
with instructions about the progression of this case, (doc. no. 5, pp. 3-6), Plaintiff must
conduct discovery in accordance with the Federal Rules of Civil Procedure. The Court will
not conduct discovery on Plaintiff’s behalf, including locating witnesses or securing their
presence at depositions. If the deposition did not occur on May 8, 2018 and Plaintiff seeks to
secure Ms. Mason’s presence for a future deposition, Plaintiff may seek a subpoena from the
Clerk of Court for the Southern District of Georgia compelling her attendance. See Fed. R.
Civ. P. 30(a)(1) (“The deponent’s attendance may be compelled by subpoena under Rule

45.”); Fed. R. Civ. P. 45(a)(3) (“The clerk must issue a subpoena, signed but otherwise in
blank, to a party who requests it.”). Accordingly, the Court DENIES Plaintiff’s Motion to
Subpoena Witness. (Doc. no. 27.)
SO ORDERED this 11th day of May, 2018, at Augusta, Georgia.

2