Opinion
19-cv-1843-bhl
01-04-2022
ESTATE OF TYRESE WEST, By Monique West as Special Administrator and Dwight Person as Co-Administrator, Plaintiff, v. ERIC GIESE, et al., Defendants.
ORDER DENYING MOTION FOR ORDER TO SHOW CAUSE AGAINST NON-PARTY ATTORNEYS
BRETT H. LUDWIG, UNITED STATES DISTRICT JUDGE
On November 10, 2021, Plaintiff filed a motion requesting the Court to enter an order to show cause against two non-party attorneys for their failure to comply with a subpoena purportedly served on or about September 20, 2021. ECF No. 47 at 1. The Court DENIES the motion. Subpoenas must be personally served. Fed.R.Civ.P. 45(b). Plaintiff's motion states that the subpoena was delivered by mail. ECF No. 47 at 2. Moreover, Plaintiff's proper recourse would be a motion for contempt rather than a motion for an order to show cause. See Fed. R. Civ. P. 45(g).
Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Order to Show Cause Against Non-Party Attorneys, ECF No. 47, is DENIED.