Opinion
Case No. 06-CV-14755.
July 25, 2007
Defendant Allstate Insurance Company has filed a motion for an order requiring non-parties Custom Closing Services ("Custom Closing") and CBD Credit Plus ("CBD") to show cause why each should not be held in contempt of court for failure to respond to a valid subpoena.
"Custom Closing Services ," the entity to which the subpoena was directed was misspelled " Clothing" in the caption and at least one other place in Defendant's motion.
Defendant avers that it is seeking to verify whether Plaintiff Frederick Walker took steps to sell or rent to Diondre Boyd a house that is the subject of the parties' insurance dispute. (Def.'s Mot. at ¶ 5.) It alleges that on May 2, 2007 it served CBD and Custom Closing with subpoenas requesting all records from 2005 relating to a mortgage application and/or approval in the name of Plaintiff or Boyd for the house in question. ( Id. at ¶ 6.) Defendant further avers that both CBD and Custom Closing have refused to comply with the subpoena. ( Id. at ¶¶ 7-8.) The court is persuaded that Defendant's motion should be granted.
IT IS ORDERED that Defendant's "Motion for Order to Show Cause Against Custom Clo[s]ing Services and CBD Credit Plus Credit" [Dkt # 23] is GRANTED.
IT IS FURTHER ORDERED that Custom Closing Services and CBD Credit Plus Credit shall appear in United States District Court, Courtroom 712, on August 1, 2007 at 2:00 p.m. for each to explain why each should not be held in contempt of court for failure to comply with a valid subpoena.
If either entity is a corporation, it must be represented in court by an attorney. See Doherty v. Am. Motors Corp., 728 F.2d 334, 340 (6th Cir. 1984); Ginger v. Cohn, 426 F.2d 1385, 1386 (6th Cir. 1970).
IT IS FURTHER ORDERED that Defendant shall forthwith 1) SERVE a copy of this Order and Notice upon Custom Closing and CBD, 2) FILE A PROOF OF SERVICE as to each, and 3) FILE A SIGNED, SERVED COPY OF EACH UNDERLYING SUBPOENA.