Atwood v. Cheney et al

Filing 145

ORDER denying 143 Motion to Quash. Signed by Magistrate Judge David A. Sanders on 2/9/2016. (rrz)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION

DAVID GARLAND ATWOOD, II
VS.

PLAINTIFF
CIVIL ACTION NO: 1:12CV168-SA-DAS

MIKE CHENEY,
ET AL.

DEFENDANTS

ORDER
This matter is before the court on Martin Pace’s motion (#143) and seeks to quash
plaintiff’s subpoena ad testificandum. Having considered the motion, the court finds that it does
not comply with the Federal Rule of Civil Procedure 45 and cannot be granted.
Plaintiff’s subpoena commands Pace, a non-party who currently resides in Vicksburg,
Mississippi, to travel to Jackson, Mississippi and provide deposition testimony. In addition to
subjecting him to unnecessary and undue burden, Pace argues that the subpoena exceeds the
scope of this court’s previous order, which specifically limited plaintiff to asking only a handful
of questions from his original motion for discovery. However, under Rule 45, a motion to quash
must be brought in the court for the district in which compliance is required. Fed. R. Civ. P.
45(d)(3)(A). Therefore, the proper forum for Pace’s motion to quash is the United States District
Court for the Southern District of Mississippi, Jackson Division. Nevertheless, the court
reiterates that Pace is only responsible for answering those questions previously authorized. See
Doc. 94 (permitting plaintiff to ask only the following questions from his motion for discovery
(#67): Questions 28-29, 32-34, 36-37, 39, 73 and 74).

IT IS, THEREFORE, ORDERED THAT Martin Pace’s motion to quash is hereby denied
because it was filed in the wrong court.
SO ORDERED this, the 9th day of February, 2016.
/s/ David A. Sanders
UNITED STATES MAGISTRATE JUDGE