Batson v. Hoover et al

Filing 43

ORDER GRANTING DEFENDANT'S 39 Motion to Quash Subpoena and Motion for Protective Order - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OMAR BATSON,
Plaintiff,

No. 17-12214

v.

District Judge David M. Lawson
Magistrate Judge R. Steven Whalen

GENESSEE COUNTY SHERIFF’S
DEPUTY “HOOVER,” ET AL.,
Defendants.
/
ORDER
On July 18, 2018, A. Rodgers, R.N., filed an emergency motion to quash subpoena
and motion for protective order [Doc. #39], seeking to quash her deposition, which was
noticed for July 20, 2018. Plaintiff filed a response on July 19, 2018 [Doc. #42], and the
motion was referred to me on July 19, 2018 as well. On that date I conducted a telephonic
conference with counsel.
Nurse Rogers was served with the subpoena on July 12, 2018. The subpoena
directs her to produce a number of documents pertaining to Plaintiff’s medical treatment
at the Genesee County Jail. Discovery closed on July 15, 2018. See Scheduling Order
[Doc. #19]. The deposition is noticed for a date that is beyond the discovery cut-off date.
Because the subpoena does not afford Nurse Rogers sufficient time to comply, and
because it violates the Scheduling Order, which provides that discovery must be
completed by July 15, 2018, Nurse Rogers’ motion [Doc. #39] is GRANTED, and the
subpoena is QUASHED.

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This Order is without prejudice to Plaintiff issuing a new subpoena and/or
deposition notice to Nurse Rogers if the Court grants Plaintiff’s pending motion to
adjourn the scheduling order [Doc. #36].
IT IS SO ORDERED.
Dated: July 19, 2018

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

CERTIFICATE OF SERVICE
I hereby certify on July 19, 2018 that I electronically filed the foregoing paper with
the Clerk of the Court sending notification of such filing to all counsel registered
electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF
participants on July 19, 2018.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

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