Williams v. State Farm Fire and Casualty Company

Filing 31

ORDER granting 25 Motion for Order to Show Cause - Signed by Magistrate Judge Mona K. Majzoub. (LBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TUAN WILLIAMS, CIVIL ACTION NO. 10-CV-11435 Plaintiff, DISTRICT JUDGE GERALD E. ROSEN vs. MAGISTRATE JUDGE MONA K. MAJZOUB STATE FARM FIRE AND CASUALTY CO., Defendant. /

ORDER FOR CHRIS ROBBINS TO SHOW CAUSE FOR FAILURE TO OBEY SUBPOENA Before the Court is Defendant's Motion To Show Cause Re: Deposition of Chris Robbins filed on November 24, 2010. (Docket no. 25). There was no Response filed within the time for responding. (Docket no. 27). The motion was referred to the undersigned. (Docket no. 26). On October 28, 2010 Defendant served a subpoena for attendance at a deposition on nonparty Chris Robbins at 11709 Forrer Street, Detroit, Michigan 48227 noticing the deposition for appearance without documents on November 16, 2010 at 12:00 p.m. at the law offices of Patrick, Johnson & Mott, P.C., 27777 Franklin Road, Suite 1400, Southfield, Michigan 48034. (Docket no. 25-2). Mr. Robbins did not appear on November 16, 2010. Defendant alleges that it was unable to contact Mr. Robbins following the deposition date because Defendant did not have a valid telephone number for Mr. Robbins. Defendant alleges that Plaintiff's testimony and that of another witness conflict regarding whether or not Mr. Robbins was with Plaintiff on the night of the fire at issue in the action. Mr. Robbins's testimony is relevant. Fed. R. Civ. P. 26(b)(1). The place of deposition is less than

thirteen miles from Mr. Robbins's residence and is within the limits of Fed. R. Civ. P. 45(c)(3)(A)(ii). Mr. Robbins did not move to quash or otherwise modify the subpoena. Defendant therefore asks the Court to order Mr. Robbins to show cause why he should not be held in contempt for failing to obey the subpoena. Fed. R. Civ. P. 45(e). Rule 45(e), Fed. R. Civ. P., provides that the "issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena." Chris Robbins will therefore be ordered to appear and show cause why he should not be held in contempt of court for his failure to appear as directed. IT IS THEREFORE ORDERED that Chris Robbins appear on Wednesday, March 30, 2011 at 2:15 p.m., in Room 642 of the Theodore Levin United States Courthouse, 231 W. Lafayette Blvd., Detroit, Michigan and show cause why he should not be held in contempt of court for his failure to appear for deposition on November 16, 2010. Pursuant to Fed. R. Civ. P. 72(a), the parties have a period of fourteen days from the date of this Order within which to file any written appeal to the District Judge as may be permissible under 28 U.S.C. 636(b)(1).

Dated: March 16, 2011

s/ Mona K. Majzoub MONA K. MAJZOUB UNITED STATES MAGISTRATE JUDGE

PROOF OF SERVICE I hereby certify that a copy of this Order to Show Cause was served upon Chris Robbins at 11709 Forrer Street, Detroit, Michigan 48227 and Counsel of Record on this date. Dated: March 16, 2011 s/ Lisa C. Bartlett Case Manager

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