Robinson v. Dollar Tree Distribution, Inc.

Filing 12

ORDER Quashing subpoenas and finding as moot 7 Motion for Protective Order; finding as moot 10 Motion to stay enforcement of Subpoena's. Signed by Jane M Virden on 9/17/2012. (sef)

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

VERNON C. ROBINSON

PLAINTIFFS

VS

CAUSE NO.: 2:12CV123-JMV

DOLLAR TREE DISTRIBUTION, INC.

DEFENDANT
ORDER

This matter is before the court on motion of plaintiff (#7) for a protective order quashing
and/or modifying defendant’s subpoenas issued to plaintiff’s post-termination employers. The
court finds the subpoenas served on New Breed Logistics, Inc. and Thrifty Car Rental should be
stricken as premature discovery and are therefore quashed.
Pursuant to the discovery framework provided by the Federal Rule 26(d)(1) and Local
Rule 26(a)(4), parties may not seek discovery from any source until after the Rule 26(f) attorney
conference; the initial disclosure requirements have been met; and the case management
conference has been held.
IT IS, THEREFORE, ORDERED that the motion for a protective order (#7) is
DENIED AS MOOT and the subpoenas issued to plaintiff’s employers New Breed Logistics, Inc.
Thrifty Car Rental are quashed and discovery shall proceed only pursuant to the Rule 16 Initial
Order issued from this court. In light of this order, plaintiff’s emergency motion to stay
responses to the subpoenas (#10) is MOOT.
SO ORDERED, this the 17th day of September, 2012.

/s/Jane M. Virden
UNITED STATES MAGISTRATE JUDGE