McCray v. Convergent Outsourcing, Inc.

Filing 9

ORDER denying 8 Motion for leave to serve subpoena. Signed by Magistrate Judge Jane M. Virden on 8/28/17. (ncb)

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

AUGUSTUS MCCRAY
V.

PLAINTIFF
NO. 4:17CV00092-DMB-JMV

CONVERGENT OUTSOURCING, INC.

DEFENDANT

ORDER DENYING MOTION FOR LEAVE TO SERVE SUBPOENA
Before the court is Plaintiff’s motion [8] for leave to serve a third-party subpoena upon
(presumably) his cell phone service provider outside the time prescribed by FED.R.CIV.P. 26(d).
The motion is denied because the proposed subpoena, itself, is ambiguous with regard to the
identity of the account-holder associated with the “target phone number.” Plaintiff may re-urge
the motion by refiling the same along with a proposed subpoena that cures the defect raised
above.
SO ORDERED this 28th day of August, 2017.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE