Gronik et al v. Balthasar et al

Filing 211

ORDER signed by Judge Lynn Adelman on 10/23/12 DENYING 210 Letter request. See order. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAVID S. GRONIK, JR., et al.,
Plaintiffs,
v.

Case No. 10-CV-954

SUSAN BALTHASAR, et al.,
Defendants,
and
SHOREWEST REALTORS, INC.,
CONTINENTAL CASUALTY COMPANY, and
ANNE SCHWARTZ,
Third-Party Defendants,
and
OPIO BOAT MOON, LLC, et al.,
Plaintiffs,
v.

Case No. 11-CV-697

CHUBB INDEMNITY INSURANCE COMPANY,
Defendant.

ORDER
The Balthasars, defendants in this case, have filed a letter asking this court to enter
an order compelling Time Warner Cable to respond to a subpoena for a deposition. The
proper procedure when a party refuses to comply with a subpoena is to file a motion to
compel under Fed. R. Civ. P. 37 explaining why it is necessary for the court to enter an
order compelling discovery. Along with the motion to compel, movant must also file “a
certification that the movant has in good faith conferred or attempted to confer with the

person or party failing to make disclosure or discovery in an effort to obtain it without court
action.” Fed. R. Civ. P. 37(a)(1).
THEREFORE, IT IS ORDERED that the Balthasars’ request for an order compelling
Time Warner Cable to respond to the subpoena [DOCKET #210] is DENIED.
Dated at Milwaukee, Wisconsin, this 23rd day of October 2012.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

2