Myers v. Louisiana Rehabilitation Services of the Louisiana Workforce Commission

Filing 11

RULING denying 10 Motion to Issue Subpoena/Subpoena Duces Tecum. Signed by Magistrate Judge Stephen C. Riedlinger on 3/13/2012. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

MICHAEL L. MYERS
VERSUS

CIVIL ACTION

LOUISIANA REHABILITATION
SERVICES OF LOUISIANA
WORKFORCE COMMISSION, ET AL

NUMBER 12-135-JJB-SCR

RULING ON MOTION TO ISSUE SUBPOENA
Before the court is the Motion to Issue Subpoena/Subpoena
Duces Tecum filed by plaintiff Michael L. Myers.

Record document

number 10.
Plaintiff sought issuance and service of a subpoena and
subpoena duces tecum on Mark S. Martin, Director of Louisiana
Rehabilitation Services (“LRS”), for his appearance at a hearing
scheduled for Friday, March 16, 2012.1
Martin

both

testify

at

the

hearing

Plaintiff sought to have
and

to

produce

an

audio

recording of the LRS hearing held February 16, 2012.
The hearing scheduled in this court is being held pursuant to
Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).

It is not a

contradictory hearing, i.e. a hearing in which both sides present
evidence.

Since the plaintiff attended the February 16 LRS

hearing, he should be able to tell the court what happened at that
hearing.

1

An audio recording of that hearing is not needed for the

Record document number 9.

Spears hearing.

Unless the information the plaintiff provides at

the Spears hearing is plainly fanciful or grossly exaggerated, for
the purpose of the hearing the court will accept as true the
factual information provided by the plaintiff.
Accordingly, the Motion to Issue Subpoena/Subpoena Duces Tecum
filed by plaintiff is denied.
Baton Rouge, Louisiana, March 13, 2012.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

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