House et al v. Federal Home Loan Mortgage Corporation et al

Filing 37

ORDER denying 21 Motion to Compel. Signed by Magistrate Judge Robert T. Numbers, II on 5/19/2016. (Briggeman, N.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:14-CV-00129-D
Shontay House & Mary Vega,
Plaintiff,
v.

Order

Federal Home Loan Mortgage
Corporation & Brock & Scott, PLLC,
Defendants.

Defendants Federal Home Loan Mortgage Corporation and Brock & Scott, PLLC request
an order compelling Steve Miller, a non-party to this litigation, to respond to a subpoena. D.E.
22. The subpoena requests that Miller produce certain document by June 22, 2015. D.E. 22-5.
However, Defendants did not serve Miller with the subpoena until November 4, 2015, almost
four and a half months after the date for compliance had passed. D.E. 22-7. Defendants have
not identified any authority which requires a party to comply with a subpoena that is served after
the date to respond has passed. Therefore, the Defendants’ Motion to Compel is denied. If
Miller is properly served with a subpoena in a timely manner and fails to respond, Defendants
may seek another order from this court compelling a response.
Dated:
Dated: May 19, 2016
ROBERT T. NUMBERS, II
______________________________________
UNITED STATES MAGISTRATE JUDGE
Robert T. Numbers, II
United States Magistrate Judge