Gilmer v. T. R. Franklin, Inc. et al

Filing 69

ORDER: Telephone Conference held on 2/8/2012 regarding deposition issues. It appears that the parties are in the process of working the matter out so that the deposition can continue. Signed by Magistrate Judge Joe Brown on 2/8/12. (dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MATTHEW GILMER,

)
)
Plaintiff
)
)
v.
)
)
T. R. FRANKLIN, INC. d/b/a TIN
)
ROOF II or TIN ROOF 2, JASON
)
SHEER, KYLE MCPHEE, GREG
)
ROMINE, LARSEN MCCOLL PARTNERS, )
L.P., SMW CAROTHERS, LLC, NDG
)
CAROTHERS, LLC, NDG PROPERTIES, )
INC., GREGORY HANSON, STEWART
)
CROSS, JOSHUA EDWARDS, and
)
IAN HERRIN,
)
)
Defendants
)

Case No. 3:10-0969
Judge Campbell/Brown
Jury Demand

O R D E R
A telephone conference was held with the parties in
this matter on February 8, 2012.

The issue involves a deposition

being taken of the law school where the Plaintiff is enrolled as
a student.

The original subpoenas setting the deposition were

issued from the Northern District of Mississippi, rather than the
Southern District of Mississippi where the law school is located.
It is the Magistrate Judge’s understanding that a subpoena has
now been reissued from the Southern District of Mississippi.

The

law school, however, had concerns that under federal law the
student had 10 days to object to a subpoena before the school
could comply since it involved his records.
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The Magistrate Judge understands that attorneys for the
Plaintiff who is the student in question are agreeable to waive
any such waiting period and to proceed with the deposition.

The

parties have stated that they will prepare an agreed protective
order concerning the material released so that it will only be
used in connection with this litigation.

The Magistrate Judge

will approve any such protective order.
The Magistrate Judge hopes that this will resolve the
issue.

Any formal motion to quash or to enforce would have to be

ruled on by the issuing Court.

However, it appears that the

parties are in the process of working the matter out so that the
deposition can continue, particularly since all the parties have
traveled to Jackson, Mississippi to complete the deposition.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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