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Faison v. State Farm Fire and Casualty Co.

United States District Court, E.D. Michigan, Southern Division

June 18, 2015

MILES FAISON, Plaintiff,
v.
STATE FARM FIRE AND CASUALTY COMPANY, Defendant.

REPORT AND RECOMMENDATION

MONA K. MAJZOUB, Magistrate Judge.

This matter involves an insurance dispute between Plaintiff Miles Faison and Defendant State Farm Fire and Casualty Company regarding a February 19, 2013 fire at 19980 Packard, Detroit, Michigan. (Docket no. 1-2.) Before the Court is Defendant's Motion for Orders to Show Cause Regarding Subpoenaed Non-Party Witnesses Renee Glenn and Renee Franklin. (Docket no. 30.) No response has been filed. The Motion has been referred to the undersigned for consideration. (Docket no. 31.) The Court has reviewed the pleadings, dispenses with a hearing pursuant to Eastern District of Michigan Local Rule 7.1(f)(2), and issues this Report and Recommendation pursuant to 28 U.S.C. § 636(e)(6)(B).

I. RECOMMENDATION

For the reasons stated herein, Defendant's Motion for Orders to Show Cause Regarding Subpoenaed Non-Party Witnesses Renee Glenn and Renee Franklin (docket no. 30) should be GRANTED as follows:

(1) Subpoenaed Non-Party Witnesses Renee Glenn and Renee Franklin should be ordered to appear before the Honorable Paul D. Borman on a date certain to show cause why they should not be held in civil contempt for failing to comply with Defendant's subpoenas;
(2) Unless Ms. Glenn and Ms. Franklin satisfactorily show cause as to why they have not fully complied with Defendant's subpoenas, they should be held in civil contempt of court by the District Judge; and
(3) Ms. Glenn and Ms. Franklin should be ordered to purge themselves of the contempt by fully complying with the subpoenas.

II. REPORT

A. Certified Facts

"Except in cases where a United States Magistrate Judge exercises consent jurisdiction in a civil case under 28 U.S.C. § 636(c) or misdemeanor jurisdiction under 18 U.S.C. § 3401, the Magistrate Judge may not enter an order of civil contempt. Rather, the Magistrate Judge must proceed under 28 U.S.C. § 636(e)(6)(B)." U.S. v. Hendrickson, No. 06-11753, 2010 WL 2318770, at *1 (Apr. 16, 2010). This section provides as follows:

[T]he magistrate judge shall forthwith certify the facts to a district judge and may serve or cause to be served, upon any person whose behavior is brought into question under this paragraph, an order requiring such person to appear before a district judge upon a day certain to show cause why that person should not be adjudged in contempt by reason of the facts so certified. The district judge shall thereupon hear the evidence as to the act or conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a district judge.

28 U.S.C. § 636(e)(6)(B).

Pursuant to Federal Rule of Civil Procedure 45(g), failure to obey a subpoena without adequate excuse is conduct punishable by contempt; accordingly, the undersigned certifies the following facts:[1]

1. Plaintiff initiated this action on November 27, 2013, in the Wayne County Circuit Court, alleging that Defendant breached its insurance contract with Plaintiff by failing to make prompt payment of Plaintiff's claims, among other things, ...

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