United States District Court, Eastern District of Michigan, Southern Division
Judith E. Levy, District Judge.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO QUASH SUBPOENA (DE 29)
Anthony P. Patti, Magistrate Judge
This matter is before the Court for consideration of Defendants’ Motion to Quash Plaintiff’s Subpoenas. (DE 29, 30, and 34.) For the reasons that follow, Defendants’ Motion to Quash will be GRANTED IN PART AND DENIED IN PART.
The Court set out the background in this case in its Report and Recommendation dated February 27, 2015. (DE 45.) The Court incorporates the February 27, 2015 Report and Recommendation and will only set out the facts necessary to dispose of the instant motion.
Plaintiff Van Jenkins is currently incarcerated at the Michigan Department of Corrections’ Parnall Correctional Facility in Jackson, Michigan. He filed the instant lawsuit in the Western District of Michigan on December 5, 2013. He filed an Amended Complaint on February 26, 2014. (DE 3.) On May 2, 2014, Judge Bell in the Western District entered an opinion (DE 4) and order of partial dismissal and transfer (DE 5), dismissing with prejudice Plaintiff’s claims against all Defendants except Patrick M. Clark, Douglas Fox, Erika T. Saxton, Clinton Bradley, Gary Edwards, Fern Bean, Annette White, and Adrian L. Green and transferring the case to the Eastern District of Michigan.
On February 27, 2015, I issued a Report and Recommendation recommending that the Court dismiss Plaintiff’s claims against Defendants Fox, Saxton, Bradley, Edwards, White, and Bean on the basis that Plaintiff failed to exhaust his administrative remedies prior to filing suit. (DE 45.) Objections to the Report and Recommendation, if any, are due on or before March 12, 2015. For the purposes of this Order and until the Report and Recommendation is ruled upon by Judge Levy, the Court will consider Saxton and Bean as current Defendants.
Defendants Saxton and Green and non-party Melody Wallace filed the instant Motion on September 23, 2014. (DE 29.) Defendants then filed two supplements to the motion: the first to add the subpoena served on Defendant Bean (DE 30) and the second to add the subpoena served on non-party Michelle Riseley. (DE 34.) Instead of filing a response brief, on October 17, 2014, Plaintiff filed a “Motion for Contempt for Refusal to Comply with Writ of Subpoenas, ” which included an “Ex Parte Motion to Appoint [a] United States Marshal to Serve Motion for Contempt for Refusal to Comply with Writ of Subpoenas Duces Tecum and to Investigate and Seize Evidenti[ary] Materials.” (DE 36.)
Federal Rule of Civil Procedure 45 governs subpoenas and allows a district court, on proper motion, to quash a subpoena for documents or testimony. The decision to quash a subpoena is within the sound discretion of the district court. Thomas v. City of Cleveland, 57 F. App’x 652, 654 (6th Cir. 2003). The Rule provides in relevant part that the issuing court must quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party’s officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business . . .;
(iii) requires disclosure of privileged or other protected matter, if no exception ...