Opinion
Civil Action No. 08-cv-00258-REB-KMT.
June 16, 2008
ORDER
This matter is before the court on "Plaintiff's Memorandum in Support of Oral Motion Regarding Preservation of Documents" [Doc. No. 54, filed June 3, 2008]. The motion seeks a court order allowing sequestration of records pursuant to a subpoena issued on May 1, 2008 on documents and other items now reposing in a storage facility. The renter of the storage facility is Kendrick White, a defendant in this action as to whom default has entered. [Doc. No. 34, filed April 11, 2008]. It is anticipated that neither White nor the storage facility will file a response to the Plaintiff's Memorandum.
The request before this court is, in essence, to enforce a subpoena pursuant to Fed.R.Civ.P. 45 on non-party Mirage Self Storage, LLC d/b/a Park Meadows Drive Self Storage. The recipient of the subpoena has not and likely will not move to quash the subpoena, however because of the unique relationship storage facility owners have with a non-paying client regarding the property in a storage space, Mirage Self Storage, LLC d/b/a Park Meadows Drive Self Storage is desirous of court guidance on its proper response to the subpoena.
IT IS THEREFORE ORDERED:
A motions hearing will be held on June 24, 2008 at 9:45 a.m. Plaintiff is ORDERED to insure that a copy of this order is served on Mirage Self Storage, LLC d/b/a Park Meadows Drive Self Storage and that a representative or attorney representing Mirage Self Storage, LLC d/b/a Park Meadows Drive Self Storage is present at the hearing.