Schofield v. Maverik Country Store
Filing
25
MEMORANDUM DECISION AND ORDERgranting in part 18 Motion for Contempt Sanctions and for an Order Compelling Compliance with Subpoena. Signed by Magistrate Judge Brooke C. Wells on 8/26/13. See order for specifics.(ss)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
CHRISTINE SCHOFIELD,
Plaintiff,
v.
MEMORANDUM DECISION AND ORDER
GRANTING IN PART MOTION FOR
CONTEMPT SANCTIONS AND FOR
ORDER COMPELLING COMPLIANCE
WITH SUBPOENA
MAVERIK COUNTRY STORE, INC.,
Case No. 1:12-cv-114 TS
Defendant.
District Judge Ted Stewart
Magistrate Judge Brooke Wells
Before the Court is Defendant Maverik, Inc.’s Motion for Contempt Sanctions and for an
Order Compelling Compliance with Subpoena. 1 In short, Maverik has served a subpoena twice
upon Antony J. Fisco, who is a witness to certain key events in this matter, but he has failed to
appear for deposition or provide the requested documents. Mr. Fisco did not object to either
subpoena and he has not sought to quash them either.
Accordingly, for good cause shown and based upon a failure to oppose the instant
motion, 2 the Court GRANTS Defendant’s motion as follows:
Mr. Fisco is HEREBY ORDERED to appear for his deposition, and bring the requested
documents described in the attachments to the subpoenas on September 11, 2013, or at such
other date as may be designated by Defendant’s counsel in writing and served upon the parties
and Mr. Fisco. The time for the deposition is set for 9:30 a.m. at Stoel Rives LLP 201 S. Main
St. Suite 1100 Salt Lake City Utah 84111.
1
2
Docket no. 18.
Local Rule 7-1 provides that an opposition to a motion such as this should be filed within fourteen days after
service. Additionally, a failure to respond timely to a motion is a basis for granting the motion.
IT IS FURTHER ORDERED that pursuant to Federal Rule 37, Mr. Fisco is HEREBY
ORDERED to pay Maverik’s reasonable expenses incurred in bringing this motion, including
attorney fees. Maverik is directed to file an affidavit of expenses and fees incurred in bringing
this motion within thirty (30) days from the date of this order. Mr. Fisco may then file any
response within fourteen (14) days and if necessary, Maverick may then file a response within
seven (7) days.
Finally, the Court warns Mr. Fisco that failing to comply with this order, or additional
subpoenas served by Defendant in this case, may result in additional sanctions, including being
held in contempt of court.
IT IS SO ORDERED.
DATED this 26 August 2013.
Brooke C. Wells
United States Magistrate Judge
2
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