Camel et al v. Old River of New Orleans, LLC

Filing 36

ORDER: Plaintiff's shall serve non-party YRC with a copy of the 35 Motion to Compel by 3/5/2018 and file certification of service into the record. YRC shall file a response to 35 Motion to Compel within 21 days of the date of service. The de adline for plaintiff's to conduct additional discovery is STAYED. The telephone status conference set for 3/8/2018 @ 3:15PM is CANCELLED. Oral Argument on 35 Motion to Compel will be held on 3/28/2018 @ 1:30 PM in courtroom 6, followed by a status conference. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/26/2018. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
TA’RHONDA CHUBE CAMEL, ET AL.

CIVIL ACTION

VERSUS
OLD RIVER OF NEW ORLEANS, LLC

NO. 17-380-JWD-RLB
ORDER

Before the Court is Plaintiffs’ Motion to Compel (R. Doc. 35) filed on February 1, 2018.
Plaintiff seeks an order requiring YRC, Inc. d/b/a YRC Freight (“YRC”) to comply with a
subpoena. A copy of the issued subpoena is found in the record. (R. Doc. 27-2).
Rule 45 provides that “[a]t any time, on notice to the commanded person, the serving
party may move the court for the district where compliance is required for an order compelling
production or inspection.” Fed. R. Civ. P. 45(d)(2)(B)(i) (emphasis added). The Court may not
order compliance with a subpoena under Rule 45 unless the subpoenaed party and the parties to
the action have first been provided notice of the motion to compel. See, e.g., Shaw Grp., Inc. v.
Zurich Am. Ins. Co., No. 12-257, 2014 WL 68604, at *1 (M.D. La. Jan. 8, 2014), reconsideration
denied, 2014 WL 204244 (M.D. La. Jan. 17, 2014).
Here, the record does not indicate that the non-party YRC has been served with a copy of
Plaintiff’s Motion to Compel.
Accordingly,
IT IS ORDERED that the Plaintiffs shall serve YRC with a copy of Plaintiffs’ Motion to
Compel and a copy of this Order on or before March 5, 2018. Certification of such service shall
be filed in the record.

IT IS FURTHER ORDERED that YRC shall file a response to Plaintiffs’ Motion to
Compel within 21 days of the date of service of the Motion.
IT IS FURTHER ORDERED that the deadline for Plaintiffs to conduct additional
discovery on the issue of determining who performed work on the subject Volvo as discussed in
the district judge’s Order (R. Doc. 25) is STAYED.
IT IS FURTHER ORDERED that the telephone status conference set for March 8,
2018 at 3:15 p.m. is CANCELLED.
IT IS FURTHER ORDERED that ORAL ARGUMENT is set on Plaintiffs’ Motion to
Compel YRC on March 28, 2018 at 1:30 p.m. The parties shall also be prepared to participate
in a status conference following oral argument.
Signed in Baton Rouge, Louisiana, on February 26, 2018.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE

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