Wilson v. Monroe, County of et al

Filing 40

ORDER Denying (42) Motion for Reconsideration in case 2:07-cv-13395-VAR-RSW; Denying (38) Motion for Reconsideration in case 2:07-cv-13394-VAR-RSW. Signed by District Judge Victoria A Roberts. Associated Cases: 2:07-cv-13394-VAR-RSW, 2:07-cv-13395-VAR-RSW (LVer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STEPHANIE WILSON, Plaintiff(s), v. MAMMOTH VIDEO, Inc., RACHEL RENEE JENNINGS, EDWARD WORKMAN, COUNTY OF MONROE, TILMAN CRUTCHFIELD, and MIKE DePEW, Defendant(s). / ORDER On July 23, 2008, Plaintiff Stephanie Wilson ("Wilson") served Defendants a "Notice of Taking Deposition Duces Tecum of Cynthia Cook, Assistant Monroe County Prosecutor." On August 11, 2008, Defendants filed a "Motion to Quash Subpoena Duces Tecum as to Cynthia Cook." (Doc. #20). Defendants asked the Court to quash the subpoena and notice of deposition pursuant to Fed. R. Civ. P. 45(c)(3)(A)(ii) because Cynthia Cook is no longer a Monroe County employee, and she resides in New York. Defendants' motion was referred to Magistrate Judge R. Steven Whalen. Magistrate Judge Whalen granted the motion on November 25, 2008. (Doc. #37). On December 11, 2008, Wilson filed a "Motion Requesting Reconsideration of the Judicial Ruling and Written Order - Dated - November 25, 2008 Based Upon the CASE NUMBERS: 07-13394 and 07-13395 HONORABLE VICTORIA A. ROBERTS

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Applicable U.S. Law and a Request to Vacate and Strike this Void Prejudicial Written Order for Good Cause Forthwith." (Doc. #42). She also filed an "Affidavit of Plaintiff Stephanie Wilson in Support of Defendant's[sic] Motion for Rehearing of the Written Motion to Quash the Subpoena Duces Tecum as to Cynthia Cook and Request to Vacate the Order Granting Motion to Quash the Subpoena - Dated November 25, 2008." (Doc. #43). This Court treats Wilson's motion as an objection to the Magistrate Judge's Order dated November 25, 2008. Wilson says the Magistrate Judge's Order: (1) is unsound and illegal; (2) was erroneously issued; (3) prevents her from conducting pre-trial discovery and presenting essential facts to this Court; (4) restricts her ability to legally challenge Defendants' Motion to Dismiss and/or Motion for Summary Judgment; (5) is contrary and inconsistent with controlling United States law and the judicial mandates of the Sixth Circuit Court of Appeals; (6) is prejudicial; (7) void; (8) constitutes a miscarriage of justice; and (9) does not explain why the motion to quash was granted. Wilson asks the Court to "strike and vacate" the November 25th Order. Fed. R. Civ. P. 45(c)(3)(A)(ii) says: On timely motion, the issuing court must quash or modify a subpoena that requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person ­ except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held[.] The Magistrate Judge correctly quashed the subpoena and notice of deposition. Cynthia Cook is not a party nor a party's officer and she resides more than 100 miles from Michigan. 2

Wilson's motion is DENIED. IT IS ORDERED.

s/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: December 18, 2008
The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on December 18, 2008. s/Linda Vertriest Deputy Clerk

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