McManus v. GMRI, Inc.

Filing 21

ORDER denying without prejudice 20 Motion to Quash. Signed by Magistrate Judge David Keesler on 7/20/2012. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:12-CV-009-RJC-DCK
RONALD W. MCMANUS in his capacity as
TRUSTEE OF THE RONALD W.
MCMANUS FAMILY TRUST,

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Plaintiff,
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v.
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GMRI, INC.,
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Defendant.
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__________________________________________)

ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Motion For Order On
Subpoena Or, In the Alternative, Motion To Quash” (Document No. 20) filed May 20, 2012. This
motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and
immediate review is appropriate. Having carefully considered the motion and the record, the
undersigned will deny the motion.
The instant motion seeks an order from the Court finding that a subpoena (Document No.
19) issued on July 9, 2012, commanding production of certain documents on July 20, 2012 at 10:00
a.m., is invalid, or in the alternative, quashing the subpoena. (Document No. 20).
As an initial matter, the undersigned finds that Plaintiff’s motion has failed to satisfy the
requirement of consultation of Local Rule 7.1 (B). The undersigned observes that this dispute might
be resolved by the parties without Court intervention, once they have properly conferred. In
addition, the motion appears untimely to the extent it seeks relief related to a deadline of 10:00 a.m.
on July 20, 2012, but was not filed until that deadline had passed.

IT IS, THEREFORE, ORDERED that Plaintiff’s “Motion For Order On Subpoena Or, In
the Alternative, Motion To Quash” (Document No. 20) is DENIED WITHOUT PREJUDICE.

Signed: July 20, 2012

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