Sanders v. Cowell et al

Filing 53

ORDER GRANTING IN PART 52 Motion for subpoenas. Signed by Magistrate Judge Donald G. Wilkerson on 11/22/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JASON SANDERS,
Plaintiff,
v.
TODD W.
BIRKNER,

COWELL

Defendants.

and

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NATHAN)
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Case No. 3:13-cv-258-GPM-DGW

ORDER
WILKERSON, Magistrate Judge:
This matter is before the Court on the Motion for Subpoenas filed by Plaintiff, Jason
Sanders, on November 12, 2013 (Doc. 52). The Motion is GRANTED IN PART.
As indicated in this Court’s previous Order, the Clerk must issue subpoenas on request of a
party. FED.R.CIV.P. 45(a)(3). However, the Court has an obligation to protect persons subject to
a subpoena and may preview subpoenas in order to ensure that the Court’s subpoena power is not
being abused. FED.R.CIV.P. 26(b)(2)(C), 45(c); Marozsan v. United States, 90 F.3d 1284, 1290
(7th Cir. 1996). The Clerk is therefore DIRECTED to provide Plaintiff with the requested
number (3) of subpoena forms, blank and unsigned. Plaintiff shall complete the forms and submit
them to the Court for review. Plaintiff shall take appropriate steps to avoid imposing undue
burden or expense on a person subject to subpoena and shall restrict his requests to information
that is relevant to the claims or defenses.
The Court notes that on October 30, 2013, the Clerk sent to Plaintiff 8 blank subpoena
forms that have not been returned to the Court for approval. Plaintiff is reminded that the forms,

once he has filled them out, must be returned to the Court and cannot be served unless approved by
the Court.
Finally, Plaintiff requests “seven deposition forms for oral depositions.” This Court has
no such forms. Plaintiff is directed to Federal Rule of Civil Procedure 31.
IT IS SO ORDERED.
DATED: November 22, 2013
DONALD G. WILKERSON
United States Magistrate Judge

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