Dumas v. Hurley Medical Center et al

Filing 110

ORDER granting 102 Hurley Defendant's Motion to Quash or Modify Subpoena. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LOWANA SHANELL DUMAS,
Plaintiff,
Case No. 10-12661

v.
HURLEY MEDICAL CENTER, et al.,
Defendants.
/

ORDER GRANTING HURLEY DEFENDANTS’ MOTION TO
QUASH OR MODIFY SUBPOENA
Before the court is Defendants Hurley Medical Center, Dwayne Parker, and
Kristen Deloney’s (collectively the “Hurley Defendants”) motion to quash or modify
subpoena. On November 7, 2011, Plaintiff served the Hurley Defendants’ counsel with
a subpoena to inspect the Hurley Medical Center premises on November 17, 2011, at
9:00 a.m. Counsel, thereafter, sent an email to Plaintiff requesting that the inspection
occur sometime after 3:00 p.m. on November 17. Plaintiff refused to consent to the
change in time, and the Hurley Defendants filed a motion requesting the court to modify
the subpoena. On November 16, 2011, the court held a telephonic conference on the
record, during which Plaintiff and counsel for the Hurley Defendants agreed that the
inspection would occur on November 17, 2011, at 5:00 p.m. They further agreed that
the inspection would be completed by 6:00 p.m. Plaintiff also expressed reservations
about conducting the inspection in the presence of her former co-workers. To
accommodate Plaintiff’s concern, counsel indicated that she would ensure that current

employees of Hurley Medical Center were not in the area Plaintiff wishes to inspect
during the agreed upon inspection time. Accordingly,
IT IS ORDERED that Defendants Hurley Medical Center, Dwayne Parker, and
Kristen Deloney’s motion to quash or modify subpoena [Dkt. # 102] is GRANTED.
Plaintiff shall inspect the Hurley Medical Center premises on November 17, 2011, at
5:00 p.m.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: November 21, 2011

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, November 21, 2011, by electronic and/or ordinary mail.
s/Lisa G. Wagner
Case Manager and Deputy Clerk
[phone]

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