De La Fuente Guerra v. Winter et al

Filing 51

ORDER by Magistrate Judge Laura Fashing denying 44 Motion to Quash; denying 46 Motion to Quash. (ccp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
“ROCKY” ROQUE DE LA FUENTE GUERRA,
Plaintiff,
vs.

1:16-cv-00393-RB-LF

MAGGIE TOULOUSE OLIVER,
New Mexico Secretary of State,
Defendant.
ORDER DENYING MOTIONS TO QUASH
SUBPOENAS AND FOR PROTECTIVE ORDERS
THIS MATTER comes before the Court on defendant’s Motion to Quash Subpoena of
Kari Fresquez and for a Protective Order (Doc. 44) and defendant’s Motion to Quash Subpoena
of Shawn Wilmoth and for a Protective Order (Doc. 46). For the reasons discussed at the
hearing held on May 2, 2017, the Court finds that the motions are not well-taken and they will be
DENIED.
IT IS THEREFORE ORDERED that the deposition of Kari Fresquez will take place on
the date to which the parties originally agreed: May 4, 2017 at 3:30 p.m. The deposition will be
limited to two hours.
THE COURT FINDS that it lacks authority to quash the subpoena of Shawn Wilmoth. A
motion to quash must be filed in “the district where compliance is required,” FED. R. CIV. P.
45(d)(3)(A), which in this case is Philadelphia, PA.

Laura Fashing
United States Magistrate Judge