Opinion
2:19-cv-0073 MCE DB
04-11-2022
In re ROBERT SCOTT BARNACK, Debtor. v. ROBERT SCOTT BARNACK, an Individual, Defendant. CONNIE JEROME, et al., Plaintiffs,
ORDER GRANTING PLAINTIFFS' REQUEST FOR AUTHORIZATION TO SERVE SUBPOENAS ON BANK OF AMERICA, N.A., AND U.S. BANK, N.A, REQUIRING PRODUCTION OF DOCUMENTS FOR USE IN THE JUDGMENT DEBTOR EXAMINATION OF ROBERT S. BARNACK
DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE.
On March 9, 2022, plaintiffs filed motion requesting authorization to serve subpoenas on Bank of America, N.A., and U.S. Bank requiring production of documents for use in the judgment debtor examination of judgment debtor Robert S. Barnack. (ECF Nos. 86 & 87.) The motions are noticed for hearing before the undersigned on April 15, 2022, pursuant to Local Rule 302(c)(1).On March 30, 2022, judgment debtor Robert S. Barnack filed a notice of non-opposition to plaintiffs' motions. (ECF No. 88.)
The undersigned finds plaintiffs' motions suitable for resolution without a hearing pursuant to Local Rule 203(g).
Having reviewed plaintiffs' briefing, and in light of the judgment debtor's non-opposition, plaintiffs' motions will be granted.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiffs' March 9, 2022 motions (ECF Nos. 86 & 87) are granted;
This order does not foreclose Bank of America, N.A., or U.S. Bank, N.A., from making any lawful objections to the subpoenas deemed appropriate under the circumstances.
2. The April 15, 2022 hearing of plaintiffs' motions is vacated; and
3. Plaintiffs shall comply with the provisions of Rule 45 of the Federal Rules of Civil Procedure in serving Bank of America, N.A., and U.S. Bank, N.A.