Wang v. Nebraska Public Power District

Filing 39

ORDER - The defendant's Motion to Quash Subpoena (Filing No. 37 ) is granted. Ordered by Magistrate Judge Thomas D. Thalken. (Copy e-mailed to pro se party)(GJG) Modified on 9/23/2014 to reflect copy e-mailed rather than mailed (GJG).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

NIT WANG,
Plaintiff,

4:13CV3161

vs.
ORDER
NEBRASKA PUBLIC POWER
DISTRICT (NPPD),
Defendant.
This matter is before the court on the defendant’s Motion to Quash Subpoena
(Filing No. 37). The defendant attached the Subpoena to Produce Documents to the
motion. The plaintiff did not file a response.
The defendant seeks to quash a subpoena issued on July 29, 2014, by the court
on behalf of the pro se plaintiff. The subpoena seeks to have the defendant produce
documents, namely “Emails throughout Nit Wang’s employment period (May 17, 2004 September 14, 2012).” Id. at 4. The defendant opposes compliance with the subpoena
because the subpoena was issued after the end of the discovery period, the request for
production is overly broad, and relevant responsive documents were previously
produced. Id. at 2-3.
On April 4, 2014, the court issued a progression order authorizing the parties to
serve written discovery requests, including requests for production or inspection of
documents only until May 30, 2014. See Filing No. 25. No party sought an extension of
this deadline. The plaintiff fails to show good cause for extension of the deadline or
excusable neglect for failure to comply with the deadline. See Fed. R. Civ. P. 6. Nor
has the plaintiff shown any relevant previously unproduced Emails exist. Accordingly,

IT IS ORDERED:
The defendant’s Motion to Quash Subpoena (Filing No. 37) is granted.
Dated this 23rd day of September, 2014.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge