Howard v. Caddell Construction Company, Inc. et al

Filing 220

ORDER granting 215 Motion for Order Directing Personal Service of a Deposition Subpoena. Upon request by the Plaintiff Relator and submission of properly completed subpoena commanding the appearance of Mark Smith for deposition and any required service fees or deposits therefor, the US Marshal shall serve the subpoena pursuant to Rule 45 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Kimberly A. Swank on 9/26/2017. (Foell, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:11-CV-270-H-KS

UNITED STATES ex rel. RICKEY
HOWARD,
Plaintiff,
v.
CADDELL CONSTRUCTION
COMPANY, INC., an Alabama
Corporation; W.G. YATES & SONS
CONSTRUCTION COMPANY, a
Mississippi Corporation; and JULIAN
MARIE BRESLOW,
Defendants.

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ORDER

This matter is before the court on Plaintiff-Relator’s Motion for an Order
Directing Personal Service of a Deposition Subpoena by the U.S. Marshal [DE #215].
Due to the impending discovery deadlines in this action, the court ordered expedited
briefing on Plaintiff-Relator’s motion. Defendant W.G. Yates & Sons Construction
Company responded in opposition, and Plaintiff-Relator replied. The deadline for
further filings having expired without further response, this matter is ripe for
adjudication.
For good cause shown, the court GRANTS Plaintiff-Relator’s motion.
Upon request by Plaintiff-Relator and submission of a properly completed
subpoena commanding the appearance of Mark Smith for deposition and any

required service fees or deposits therefor, the United States Marshal shall serve the
subpoena pursuant to Rule 45 of the Federal Rules of Civil Procedure and
submit proper proof of service to the court. Plaintiff-Relator shall pay any fees
associated with the service or attempted service of the subpoena.
This 26th day of September 2017.
________________________________________
KIMBERLY A. SWANK
United States Magistrate Judge

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