In Re: Ohio Execution Protocol Litigation

Filing 828

DECISION AND ORDER ON ALABAMA SUBPOENAS - Plaintiff's Motion for an Order that Fourteen Calendar Days is a Reasonable Time within which to Comply with Rule 45 Subpoena (ECF No. 821) is GRANTED. Signed by Magistrate Judge Michael R. Merz on 12/16/2016. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
In re: OHIO EXECUTION
PROTOCOL LITIGATION,
:

Case No. 2:11-cv-1016

Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Michael R. Merz
This Order relates to Plaintiffs
Phillips, Tibbetts, and Otte

DECISION AND ORDER ON ALABAMA SUBPOENAS

This capital § 1983 case is before the Court on Plaintiff’s Motion for an Order that
Fourteen Calendar Days is a Reasonable Time within which to Comply with Rule 45 Subpoena
(ECF No. 821). Defendants have no objections (ECF No. 826) and the Motion is therefore
GRANTED. This is necessarily without barring any objections which may be made by the
person or entity subpoenaed.
In examining the form of subpoenas attached to the Motion, the Court notes that they do
not comply with Fed. R. Civ. P. 45(a)(1)(A)(iv). Use of the subpoenas in their present form risks
a motion to quash on that basis.
December 16, 2016.
s/ Michael R. Merz
United States Magistrate Judge

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