AdvanceMe Inc v. RapidPay LLC

Filing 205

ORDER denying 203 Motion to Compel, denying 204 Motion for Protective Order, and instructing parties to seek relief from the U.S. District Court for the Northern District of Georgia if they cannot seek favorable resolution on their own . Signed by Judge John D. Love on 2/6/07. (mjc )

AdvanceMe Inc v. RapidPay LLC

Doc. 205

Case 6:05-cv-00424-LED

Document 205

Filed 02/06/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. § § Plaintiff § § CIVIL ACTION NO. 6:05cv424 vs. § § RAPIDPAY, LLC, BUSINESS § CAPITAL CORPORATION, FIRST § FUNDS LLC, MERCHANT MONEY § TREE, INC., REACH FINANCIAL, § LLC and FAST TRANSACT, INC. § d/b/a SIMPLE CASH § § Defendants, § ______________________________________________________________________________ ADVANCEME, INC. Plaintiff vs. AMERIMERCHANT, LLC, Defendant § § § § § § § § §

CIVIL ACTION NO. 6:06cv082

ORDER Before the Court are AdvanceMe, Inc.'s Emergency Motion for a Protective Order in Connection with a Subpoena that was Served on Third Party John Konop and the Scheduling of his Deposition on February 8, 2007, a Date that Counsel for AdvanceMe is Unable to Attend and Memorandum of Points & Authorities in Support Thereof (Doc. No. 204), and Defendants' Emergency Motion to Ensure that a Third Party Deposition Proceed on February 8, 2007 as Rescheduled (Doc. No. 203). At issue is the currently scheduled deposition of Mr. John Konop, a third party witness, that is currently scheduled for February 8, 2007, in Atlanta, Georgia. A subpoena

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 205

Filed 02/06/2007

Page 2 of 2

was issued by the United States District Court for the Northern District of Georgia commanding Mr. Konop's appearance. Federal Rule of Civil Procedure 45 applies to motions to compel or protective order involving a subpoena served on a third party. Rule 45 clearly references that the court on behalf of which a subpoena was issued has the authority to quash or modify a subpoena and to enforce the duties required by Rule 45. This Court, sitting in the Eastern District of Texas, cannot compel attendance of a non-party witness outside its subpoena range. Accordingly, the Court DENIES the . motions of both parties and instructs the parties to seek relief from the United States District Court in the Northern District of Georgia if they cannot seek favorable resolution on their own.

So ORDERED and SIGNED this 6th day of February, 2007.

___________________________________ JOHN D. LOVE UNITED STATES MAGISTRATE JUDGE