Opinion
CAUSE NO. 3:09-CV-405 PPS.
February 8, 2010
ORDER
On February 5, 2010, non-party, Indiana Department of Workforce Development ("Workforce"), filed a motion to quash a subpoena. Workforce seeks to quash a second subpoena served upon it by pro se Plaintiff, Richard Johnson ("Johnson").
Less than a month ago, on January 7, 2010, this Court denied Johnson's motion to enforce a nearly identical subpoena that Johnson previously served upon Workforce. In that order, this Court concluded, among other things, that the subpoena violated the service requirements of Fed.R.Civ.P. 45(b)(2). In particular, this Court noted that Johnson's subpoena was issued from the Northern District of Indiana to an entity that is located in Indianapolis, Indiana, in the Southern District of Indiana. Further, this Court noted that the subpoena failed to state a place for production of the requested transcripts and the address listed on the subpoena was more than 100 miles from Johnson's home address in South Bend. As a result, this Court quashed the subpoena for failing to satisfy the requirements of the Rule, that the subpoena either be served within the district from which it was issued or specify a location within 100 miles of the place of service for production of the documents requested.
Because Johnson's immediate subpoena suffers from precisely these same defects as his prior subpoena. This Court now GRANTS Workforce's motion, [Doc. No. 54], and QUASHES the subpoena.
As stated in this Court's prior order, Johnson may re-file his subpoena, clearly naming the specific office or individual that he intends as the responsive party and specifying and time and place for production. Johnson must, however, either specify a location for production within 100 miles of the address where he served the subpoena or send the subpoena from a court in the Southern District of Indiana.
SO ORDERED.