Shively v. Canyon Creek Memory Care Community, LLC

Filing 31

ORDER granting 26 Motion to Quash Subpoena or for Protective Order, filed June 14, 2021. Signed by Judge Susan P. Watters on 7/19/2021. (EMH)

Case 1:20-cv-00120-SPW Document 31 Filed 07/19/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

TANA SHIVELY,as personal
representative ofthe Estate of Owen
Daniel Shively,

Case No. CV-20-120-BLG-SPW

ORDER

Plaintiff,
V.

CANYON CREEK MEMORY CARE

COMMUNITY,LLC,
Defendant.

This matter comes before the Court on Defendant Canyon Creek Memory
Care Community,LLC's("Canyon Creek") Motion to Quash Subpoena or for
Protective Order, filed June 14, 2021.(Doc. 26). Plaintiff Tana Shively was
required to file a response to the motion within fourteen days if she wished to

oppose it. D. Mont. L.R. 7.1(d)(l)(B)(ii). No response was filed. As a result.
Defendant's Motion to Quash or for a Protective Order is deemed well-taken.

Even ifthe Court were to overlook Plaintiffs failure to file a response.
Defendant's motion is well-taken on the merits. Plaintiff served a subpoena duces
tecum on the Montana Department of Health and Human Services seeking "[a]11
records of any kind ofreports of abuse, neglect and exploitation made by

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