Chevron Mining Inc. v. United States of America et al

Filing 225

ORDER by Circuit Judge Paul Kelly, Jr. on the government's notice regarding the need for trial subpoenas 224 confirming that trial subpoenas may be issued for certain witnesses. (rt)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

CHEVRON MINING INC.,
Plaintiff,
vs.

No. 1:13-cv-00328-PJK-JFR

UNITED STATES OF AMERICA, et al.,
Defendants.

ORDER

THIS MATTER comes on for consideration of the United States’ Notice
Regarding the Need for Trial Subpoenas filed October 8, 2021 (ECF No. 224). Upon
consideration thereof and the Case Management Order § 2.4 (ECF No. 222-1 at 6), the
court will confirm that trial subpoenas may be issued for David Shoemaker and Paul
LaCome. These witnesses may be called during the United States’ case-in-chief. The
court notes that a federal district court may issue a subpoena commanding a witness to
attend a trial “within the state where the person resides . . . if the person . . . would not
incur substantial expense.” Fed. R. Civ. P. 45(c)(1)(B)(ii); see also Farmer v. Arabian
Am. Oil Co., 379 U.S. 227, 234 (1964) (citing 1 Stat. 88 (1789); 1 Stat, 335 (1793)).
IT IS SO ORDERED.

DATED this 12th day of October 2021 at Santa Fe, New Mexico.
Paul Kelly, Jr.
United States Circuit Judge
Sitting by Designation

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