Miskel v. Beelman River Terminals, Inc. et al

Filing 57

ORDER GRANTING IN PART 53 Motion for Contempt; GRANTING IN PART 56 Motion for Contempt. Signed by Magistrate Judge Donald G. Wilkerson on 9/18/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
Plaintiff,
)
)
v.
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BEELMAN RIVER TERMINALS, INC., SCF)
LEWIS & CLARK MARINE, INC., M/V)
KATIE MAURINE, and SCF LEWIS AND)
)
CLARK FLEETING LLC.,
)
)
Defendants.
ANTHONY R. MISKEL,

Case No. 3:14-cv-338-SMY-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court are the Motion for Contempt or Directing Compliance
against Felipe Tostado filed by Defendant, SCF Lewis and Clark Fleeting LLC, on August 24,
2015 (Doc. 53) and the Supplemental Motion for Contempt or Directive Compliance filed by
Defendant on September 17, 2015 (Doc. 56). The Motions are GRANTED IN PART.
On July 30, 2015, a subpoena was personally served upon Felipe Tostado, a non-party to
this action, commanding him to appear for a deposition scheduled for August 14, 2015 in Granite
City, Illinois. The subpoena appears to comply with the requirements of Federal Rule of Civil
Procedure 45 and no motion to quash was filed in this matter. Mr. Tostado failed to appear at the
scheduled deposition. Defendant seeks a citation for civil contempt and an Order directing Mr.
Tostado to appear at a deposition scheduled for October 21, 2015.
Defendant shall serve a second subpoena upon Felipe Tostado commanding him to appear
for a deposition on October 21, 2015 at 11:00 a.m. consistent with Rules 30 and 45. Felipe
Tostado is hereby ORDERED to comply with the subpoena. Failure to comply SHALL result in

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an order to show cause, in person, why he should not be held in contempt and sanctioned for the
failure to comply with a duly issued subpoena.
The Clerk of Court is DIRECTED to mail a copy of this Order to Mr. Tostado at his
address, 2754 N. 42nd Street, East St. Louis, IL 62201.
IT IS SO ORDERED.
DATED: September 18, 2015

DONALD G. WILKERSON
United States Magistrate Judge

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