Norris v. Tupelo PCH, LLC

Filing 44

ORDER granting 40 Motion to Compel Witness to Appear for Deposition. Signed by David A. Sanders on 1/22/10. (ncb, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION TRACIE LYNN NORRIS VS. TUPELO PCH, LLC d/b/a MAGNOLIA MANOR AT TUPELO PLAINTIFF CIVIL ACTION NO. 3:08cv118-M-S

DEFENDANT

ORDER COMPELLING WITNESS TO APPEAR FOR DEPOSITION Before the court is the plaintiff's motion (# 40) to compel a witness to appear for a deposition. The defendant, Tupelo PCH, LLC, has joined in the motion. On August 28, 2009, Janice Humphreys was personally served with a subpoena to appear for a deposition at the office of plaintiff's counsel in Tupelo, Mississippi on September 18, 2009. The proof of service (# 29) indicates that Ms. Humphreys was served at her address in Vina, Alabama. Thereafter, Ms. Humphreys requested that her deposition be rescheduled. On October 7 and 8, plaintiff's counsel left voice mail messages for Ms. Humphreys, notifying her that the deposition had been rescheduled for November 2. On October 8, Ms. Humphreys called plaintiff's counsel and agreed to appear for the deposition. On November 2, however, Ms. Humphreys notified plaintiff's counsel that she could not attend the deposition due to illness. On November 10, Ms. Humphreys was notified that her deposition had been rescheduled for December 9. And, though plaintiff's counsel contacted Ms. Humphreys with reminders on two occasions prior to her scheduled deposition, she failed to appear. The court "may hold in contempt any person who, having been served, fails without adequate

excuse to obey" a subpoena. FED.R.CIV.P. 45(e). Accordingly, it is ORDERED: 1. That plaintiff's counsel shall reissue a subpoena and notice of deposition for the witness's appearance and serve the same along with a copy of this order in accordance with Rule 45 of the Federal Rules of Civil Procedure. 2. That should the witness fail to comply with said subpoena "without adequate excuse," she will be held in contempt of this court. This the 22nd day of January, 2010.

/s/ David A. Sanders UNITED STATES MAGISTRATE JUDGE