Bourne v. Arruda

Filing 127

ORDER granting in part and denying in part 121 Motion for Contempt and Entry of Default Judgment. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Samuel J. Bourne
v.

Civil No. 10-cv-393-LM

John R. Arruda, Jr,. et al.
NOTICE OF RULING
Re:

Document No. 121, Motion for Contempt

Ruling: Bourne's motion (doc. no. 121) is granted in part
and denied in part. The request for a contempt finding, for a
default judgment, and for other sanctions relating to
defendants' discovery responses and disclosures is denied, for
reasons stated in defendants' objection to the motion (doc. no.
123). The motion is granted, only to the extent that the court
grants Bourne's request for a subpoena. Bourne has also
requested that this court issue a subpoena directing King to
provide Bourne with the email addresses used by King in
distributing case updates relating to the Bourne litigation, and
also directing King to provide Bourne with copies of all of his
emails relating either to this defamation case, or to
defendants' alleged defamation of Bourne at the June 2010 and
February 2011 selectmen's meetings. In light of Bourne's pro se
status and given that the court has extended the summary
judgment deadline in this case, the court grants the request for
a subpoena and directs the clerk, pursuant to Fed. R. Civ. P.
45(a)(3), to issue to Bourne a signed, blank subpoena, which
Bourne may complete and serve upon Robert King. The court
declines to issue any anticipatory ruling on any objection King
or defendants may assert by motion or otherwise, if King is
served with such a subpoena.

__________________________
Landya McCafferty
United States Magistrate Judge
Date: July 16, 2012
cc: Samuel J. Bourne, pro se
Brian J.S. Cullen, Esq.