Butler v. Corizon Health, Inc. et al

Filing 63

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs Motion for Issuance of Subpoena (ECF No. 41 ) is GRANTED. The Clerk of the Court shall send Plaintiff one blank subpoena form, which Plaintiff may fill out as explained in this Order, al ong with a Memorandum for Clerk that contains the information specified in this Order and requests that the subpoena be served by the U.S. Marshal. (Once blank subpoena mailed to plaintiff.) Signed by District Judge Audrey G. Fleissig on 05/23/2017. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ARCHIE LEMONT BUTLER,
Plaintiff,
v.
CORIZON HEALTH, INC., et al.,
Defendants.

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No. 4:16CV00590 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Issuance of Subpoena (ECF
No. 41). For good cause shown, Plaintiff’s motion will be granted. The Court will direct
the Clerk to send Plaintiff a blank subpoena form. Plaintiff may fill out the subpoena form
as directed in this Order and return it to the Court along with a Memorandum for Clerk
requesting that the subpoena be served by the U.S. Marshal. The Memorandum for Clerk
should include the following information: (1) the name of the person or entity Plaintiff
seeks to serve; (2) the specific document Plaintiff seeks; (3) how the specified document is
relevant to his case; (4) why Plaintiff believes the person or entity to be subpoenaed has
possession of the documents; and (5) how he will provide the necessary costs. The Court
retains the discretion to refuse to issue Rule 45 subpoenas to nonparties if Plaintiff does not
provide the required information in the Memorandum for Clerk, or if the Court believes the
requests are frivolous or otherwise improper.

The subpoena form will need to be signed by the Clerk after it is returned to the Court, so
Plaintiff should not sign the subpoena form.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Issuance of Subpoena (ECF
No. 41) is GRANTED. The Clerk of the Court shall send Plaintiff one blank subpoena
form, which Plaintiff may fill out as explained in this Order, along with a Memorandum for
Clerk that contains the information specified in this Order and requests that the subpoena be
served by the U.S. Marshal.

Dated this 23rd day of May, 2017.

__________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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