Webb v. St. Joseph et al

Filing 55

ORDER denying, without prejudice, 53 Motion for Order Finding Karl Koch in Contempt of Court. Signed by Magistrate Judge Karen L Hayes on 04/23/2015. (crt,Yocum, M)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
IVAN WEBB

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CIVIL ACTION NO. 12-2644

VERSUS

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JUDGE DONALD E. WALTER

TOWN OF ST. JOSEPH AND EDWARD
BROWN

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MAG. JUDGE KAREN L. HAYES

MEMORANDUM ORDER
Before the undersigned magistrate judge, on reference from the District Court, is a “Motion to
Find Karl Koch in Contempt of Court” [doc. # 53] filed by plaintiff Ivan Webb. By this motion, plaintiff
seeks redress under Rule 45(g) of the Federal Rules of Civil Procedure for Karl Koch’s failure to heed a
subpoena requiring his appearance at a March 23, 2015, deposition at plaintiff’s counsel’s office, 830
North Street, Baton Rouge, Louisiana. See M/Contempt and Subpoena, Exh. B.
However, this court lacks authority to enforce the subpoena because compliance was required in
the Middle District of Louisiana, not the Western District. See Rule 45(g) (“[t]he court for the district
where compliance is required . . . may hold in contempt a person who . . . fails without adequate excuse
to obey the subpoena . . .”).
Accordingly, Webb’s motion for contempt [doc. # 53] is hereby DENIED, without prejudice.1
IT IS SO ORDERED.
In Chambers, Monroe, Louisiana, this 23rd day of April, 2015.
_________________________________
KAREN L. HAYES
UNITED STATES MAGISTRATE JUDGE

1

As this motion is not excepted within 28 U.S.C. § 636(b)(1)(A), nor dispositive of any claim
on the merits within the meaning of Rule 72 of the Federal Rules of Civil Procedure, this order is issued
under the authority thereof, and in accordance with the standing order of this court. Any appeal must be
made to the district judge in accordance with Rule 72(a) and L.R. 74.1(W).