Garity v. APWU-AFl-CIO et al

Filing 110

ORDER Denying 100 Motion to Compel. Signed by Magistrate Judge Carl W. Hoffman on 11/14/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROSEMARY GARITY,
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Plaintiff,
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vs.
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APWU-AFL-CIO,
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APWU LOCAL #7156,
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Defendant.
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__________________________________________)

Case No. 2:11-cv-01109-PMP-CWH
ORDER

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This matter is before the Court on Plaintiff’s Motion to Compel (#100), filed October 23,
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2012.
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Plaintiff seeks an order compelling non-party Danielle Bennett to comply with a Rule 45
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subpoena. When a non-party subpoena recipient serves objections or fails to respond to a Rule 45
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subpoena, the party serving the subpoena may file a motion to compel compliance. The moving
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party must provide notice of the motion to the person subject to the subpoena. See Fed. R. Civ. P.
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45(c)(2)(B)(i). The Court has reviewed the motion and finds that Plaintiff did not give the
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individual subject to the subpoena appropriate notice of the this motion to compel. It appears that
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Plaintiff simply mailed a copy of the motion to a United States Postal facility located in Boulder
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City, Nevada. There is no indication that the individual subject to the subpoena resides or is
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otherwise located at this facility. Moreover, Plaintiff did not “set forth in full the text of the
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discovery originally sought” as required by Local Rule 26-7(a). Accordingly,
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IT IS HEREBY ORDERED that Plaintiff’s Plaintiff’s Motion to Compel (#100) is denied
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DATED this 14th day of November, 2012.
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C.W. Hoffman, Jr.
United States Magistrate Judge