Helena Chemical Company and Federal Insurance Company v. Skinner et al

Filing 3

MEMORANDUM AND ORDER re: 1 MOTION to Compel filed by Plaintiff Helena Chemical Company and Federal Insurance Company motion is GRANTED. IT IS FURTHER ORDERED that First Community Bank shall produce the documents requested by the subpoena no later than July 8,2013. Failure to do so may result in sanctions. Signed by District Judge Stephen N. Limbaugh, Jr on 6/24/2013. (JMC)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

SOUTHEASTERN DIVISION

HELENA CHEMICAL CO., et aI.,
Plaintiffs,
vs.
JOHN BOSWELL SKINNER, et aI.,
Defendants.

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Case No. 1:13-MC-017 SNLJ
[Related Case
No. 4:11-CV-691 E.D. Ark.]

MEMORANDUM AND ORDER
Plaintiff Helena Chemical Company ("Helena") filed suit in the Eastern District of
Arkansas against a number of its former employees after learning that the employees had, in
essence, allegedly misappropriated company property. During discovery, Helena served a
subpoena on non-party First Community Bank in Poplar Bluff, Missouri ("Bank"), a bank in this
District. Helena sought from the Bank certain documents related to one of the defendants, Mr.
Dan Parrish. The subpoena appears to have served appropriately, and no one has moved to quash
the subpoena. However, Helena states that the Bank has not produced the documents.
Moreover, it appears that Helena's efforts to resolve this matter without the Court's involvement,
pursuant to Federal Rule of Civil Procedure 37(a)(1) and Local Rule 37-3.04, have been met with
no response. As a result, Helena filed the instant Motion to Compel (# 1). Helena attached to its
motion copies of the complaint, the subpoena, and its attempts to correspond with counsel for the
Bank. The Bank has not responded in any way to Helena's motion, and the time for doing so has
passed. Accordingly,

IT IS HEREBY ORDERED that plaintifrs Motion to Compel (#1) is GRANTED.
IT IS FURTHER ORDERED that First Community Bank shall produce the documents
requested by the subpoena no later than July 8',2013. Failure to do so may result in sanctions.
Dated this-lff(iay of June, 2013.

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UNITED~
DISTRiCTJUIiE