Ebert v. Levy et al

Filing 26

MEMORANDUM ORDER granting 25 Motion to Quash. The Motion to Quash Subpoena (Doc. 25) is granted because a party, including Mr. Ebert, may not seek discovery from any source before the parties have conferred as required by Rule 26(f). Fed. R. Civ. Pro. 26(d)(1). This case has not reached that stage of the litigation, so the attempt to subpoena Hendrix is premature. Furthermore, in light of the pending motions to dismiss and motion to disqualify counsel, the court exercises its discretion to order that all discovery in this case is stayed pending further order of the court. Signed by Magistrate Judge Mark L Hornsby on 1/5/2018. (crt,Keller, J)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

GARY EBERT

CIVIL ACTION NO. 17-cv-0925

VERSUS

JUDGE FOOTE

FUSION SPORTS SARL, ET AL

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Gary Ebert filed this civil action against a number of defendants. Attorney Joey W.
Hendrix, who is not a defendant but who is mentioned in Mr. Ebert’s allegations, recently
filed a Motion to Quash Subpoena (Doc. 25) that represents that Hendrix received a Rule
45 subpoena in this matter. Hendrix asks the court to quash the subpoena on the grounds
that he was not tendered a witness fee and for other alleged deficiencies. The motion does
not attach a copy of the subpoena or provide any meaningful detail about what the subpoena
requested.
The Motion to Quash Subpoena (Doc. 25) is granted because a party, including
Mr. Ebert, may not seek discovery from any source before the parties have conferred as
required by Rule 26(f). Fed. R. Civ. Pro. 26(d)(1). This case has not reached that stage of
the litigation, so the attempt to subpoena Hendrix is premature. Furthermore, in light of
the pending motions to dismiss and motion to disqualify counsel, the court exercises its
discretion to order that all discovery in this case is stayed pending further order of the
court.

THUS DONE AND SIGNED in Shreveport, Louisiana, this 5th day of January,
2018.

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