Bry v. City of Frontenac, Missouri et al

Filing 188

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Motion of City Frontenac, Missouri, and Frontenac Police Officers Brune, Barnett, Baumgartner, Newton, Ford, Loveless and Wuertz to Quash Subpoena and for Protective Order (ECF No. 187 ) is GRANTED. Signed by District Judge Ronnie L. White on 04/26/2016. (KCB)

ROBERT M. BRY,
Plaintiff,
v.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
)
)
)
)
) No. 4:14-CV-1501 RLW
)
)
)

CITY OF FRONTENAC, et al .,

)
)

Defendants.

)
MEMORANDUM AND ORDER

This matter is before the Court on the Motion of City Frontenac, Missouri, and Frontenac
Police Officers Brune, Barnett, Baumgartner, Newton, Ford, Loveless and Wuertz to Quash
Subpoena and for Protective Order (ECF No. 187). Therein, Defendants seek to quash Plaintiff's
subpoena and notice of deposition to West Central Dispatch Center ("WCDC"). Defendants note
that Plaintiff must obtain leave of the Court to depose a representative for WCDC because this
case is currently on appeal. See Fed. R. Civ. P. 27(b). Plaintiff has filed a Combined Motion
and Memorandum for Deposition to Perpetuate Testimony During Pendency of Appeal (ECF
No. 185), but the time has not run for Plaintiff to file a reply and the Court has not yet ruled on
Plaintiff's motion. Therefore, the Court grants Defendants' Motion to Quash Subpoena and for
Protective Order because the Court has not granted Plaintiff's request to conduct discovery.
Accordingly,
IT IS HEREBY ORDERED that Motion of City Frontenac, Missouri, and Frontenac

Police Officers Brune, Barnett, Baumgartner, Newton, Ford, Loveless and Wuertz to Quash
Subpoena and for Protective Order (ECF No. 187) is GRANTED.

Dated this 26 1h day of April, 2016.

~k~

1 j l I E L. WHITE

UNITED ST ATES DISTRICT JUDGE

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