Banc of America Investment Services, Inc. v. Martin

Filing 26

ORDER granting 24 defendant's motion to quash plaintiff's premature subpoenas duces tecum to non-parties. Signed by Judge Fernando J. Gaitan Jr. on 9/15/06. (Enss, Rhonda)

Banc of America Investment Services, Inc. v. Martin

Doc. 26

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI WESTERN DIVISION
BANC OF AMERICA INVESTMENT SERVICES INC., Plaintiff, vs. BART AARON MARTIN, Defendant. ) ) ) ) ) Case No. 06-0714-CV-W-FJG ) ) ) )

ORDER
Pending before the Court is Defendant's Motion to Quash Plaintiff's Premature Subpoenas Duces Tecum to Non-Parties, and Suggestions in Support (Doc. No. 24). Plaintiff has recently filed two subpoenas duces tecum directed to non-parties Terrence Wilson (Doc. No. 16, executed on September 11, 2006, and entered on ECF on September 13, 2006) and UBS Financial Services, Inc. (Doc. No. 17, executed on September 11, 2006, and entered on ECF on September 13, 2006). Each subpoena duces tecum directs the non-parties to produce various documents by Friday, September 15, 2006, at 10:00 a.m. As he did in his previous motion to quash (Doc. No. 19), defendant objects to these subpoenas duces tecum as premature under Rule 26(d). The Court finds defendant's objections to be persuasive. As plaintiff has requested compliance with these subpoenas by 10:00 a.m. today, the Court finds that it should preliminarily GRANT defendant's motion to quash. If plaintiff desires to obtain the

information sought in its subpoenas duces tecum directed to the non-parties prior to the parties' Rule 26 conference, plaintiff may re-visit this issue with the Court during the

Case 4:06-cv-00714-FJG

Document 26

Filed 09/15/2006

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Dockets.Justia.com

preliminary injunction hearing on Monday, September 18, 2006. IT IS SO ORDERED. Dated: September 15, 2006 Kansas City, Missouri /s/Fernando J. Gaitan, Jr. Fernando J. Gaitan, Jr. United States District Judge

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Case 4:06-cv-00714-FJG

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Filed 09/15/2006

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