Caruso v. Target Corporation

Filing 38

ORDER re 36 : see attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 10/10/2013. c/ecf (Johnston, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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DONNA CARUSO,
Plaintiff,

ORDER
CV 12-2341 (JFB)(ARL)

-againstTARGET CORPORATION,
Defendant.
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LINDSAY, Magistrate Judge:
Before the court is the defendant’s letter motion dated October 7, 2013, seeking to hold
Ricky Madhok, M.D., a non-party witness, in contempt for his failure to comply with a
subpoena. Although pursuant to Rule 45(e) an issuing court may hold a person in contempt who,
having been served, fails without adequate excuse to obey the subpoena, this court requires that
defendant first proceed by a motion to compel. Dr Madhok may thereafter respond by outlining
the legal basis for his refusal to comply. Accordingly, the motion to hold Dr. Madhok in
contempt is denied with leave to renew. The plaintiff is directed to personally serve their
anticipated motion to compel on Dr. Madhok.
Dated: Central Islip, New York
October 10, 2013

SO ORDERED:
________/s/________________
ARLENE ROSARIO LINDSAY
United States Magistrate Judge