Tierra Blanca Ranch High Country Youth Program et al. v. Felipe Gonzales

Filing 67

ORDER by Magistrate Judge Lourdes A. Martinez DENYING without prejudice 47 Motion to Compel. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

TIERRA BLANCA RANCH HIGH COUNTRY
YOUTH PROGRAM, et al.,
Plaintiffs,

v.

No. CIV-15-0850 MCA/LAM

FELIPE GONZALES,
Defendant.

ORDER DENYING WITHOUT PREJUDICE
PLAINTIFFS’ MOTION TO COMPEL [Doc. 47]
THIS MATTER is before the Court on Plaintiffs’ Motion to Compel (Doc. 47), filed on
December 13, 2016. A response to the motion was due on December 30, 2016, but none has
been filed. Having considered the motion, record of the case, and relevant law, the Court finds
that the motion is not well-taken and should be DENIED without prejudice.
In the motion, Plaintiffs ask the Court to enter an order compelling nonparty New Mexico
Children, Youth and Families Department (“NMCYFD”) to produce documents pursuant to a
subpoena. See [Doc. 47 at 1]. Plaintiffs state that they served a subpoena on NMCYFD on
November 14, 2016, and that NMCYFD responded to Plaintiffs with objections to the subpoena
on the grounds that the subpoena seeks confidential information. Id. at 1-2. Plaintiffs contend
that the Stipulated Confidentiality Order (Doc. 43) entered in this case “ensures that the
requested subpoena records will be used or disseminated only in the pending litigation and
maintained in confidence.” [Doc. 47 at 2].

Federal Rule of Civil Procedure 45 provides that, if objections are made to a subpoena,
“on notice to the commanded person, the serving party may move the court for the district where
compliance is required for an order compelling production or inspection.” Fed. R. Civ. P.
45(d)(2)(B)(i). It appears that Plaintiffs have failed to comply with this Rule because they have
not given notice to NMCYFD of their motion so that NMCYFD can respond. Instead, Plaintiffs’
certificate of service states that a copy of Plaintiffs’ motion to compel “was sent to [] all counsel
of record via the Court’s Electronic filing system,” but NMCYFD is not a party to the case so it
did not receive a copy of the motion via the Court’s electronic filing system. See [Doc. 47 at 2].
Therefore, the Court will deny this motion without prejudice.
IT IS THEREFORE ORDERED that Plaintiffs’ Motion to Compel (Doc. 47) is
DENIED without prejudice for failure to comply with Federal Rule of Civil Procedure 45.

IT IS SO ORDERED.

__________________________________
LOURDES A. MARTÍNEZ
UNITED STATES MAGISTRATE JUDGE

2