Fleet National Bank v. O'Hanlon

Full title: FLEET NATIONAL BANK, Plaintiff, v. MICHAEL A. O'HANLON, et al., Defendant

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

Date published: Jan 6, 2006

Civil Action No. 05 X 74459 DT (E.D. Mich. Jan. 6, 2006)

Opinion

Civil Action No. 05 X 74459 DT.

January 6, 2006

ORDER SUSTAINING OBJECTION

VIRGINIA MORGAN, Magistrate Judge

This matter is before the court on an order of reference for hearing and decision of the objection of the non-party Mackinaw Partners LLC to an October 12, 2005 subpoena, which objections were filed November 22, 2005. Federal Rules of Civil Procedure Rule 45 provides procedures to follow when objections are filed. The rules require the requesting party, after notice to the person subpoenaed, to file a motion to compel. Rule 45(3)(A) states that "upon timely motion, the court may quash or modify the subpoena." In the instant case, more than 60 days have passed since the subpoena was issued and more than 30 days since objections were filed. No motion to compel has been filed. Counsel for the objection party has informed the court that no hearing was necessary as there was no pending motion to compel.

Thus, the court deems the objections sustained without the necessity of a hearing.

SO ORDERED.