GARRETT v. BNC MORTGAGE, INC., 11-cv-03242-PAB-BNB. (2013)
Court: District Court, D. Colorado
Number: infdco20130611810
Visitors: 2
Filed: Jun. 10, 2013
Latest Update: Jun. 10, 2013
Summary: ORDER PHILIP A. BRIMMER, District Judge. This matter is before the Court on the motion [Docket No. 84] filed by Deborah Alex-Saunders, a proffered expert witness for plaintiffs Michelle and Richard L. Garrett. Ms. Alex-Saunders requests that the Court set aside the Order issued by Magistrate Judge Boyd N. Boland [Docket No. 70] denying Ms. Alex-Saunders' motions to quash [Docket Nos. 65 and 67] a subpoena duces tecum issued by the United States District Court for the Northern District of Georg
Summary: ORDER PHILIP A. BRIMMER, District Judge. This matter is before the Court on the motion [Docket No. 84] filed by Deborah Alex-Saunders, a proffered expert witness for plaintiffs Michelle and Richard L. Garrett. Ms. Alex-Saunders requests that the Court set aside the Order issued by Magistrate Judge Boyd N. Boland [Docket No. 70] denying Ms. Alex-Saunders' motions to quash [Docket Nos. 65 and 67] a subpoena duces tecum issued by the United States District Court for the Northern District of Georgi..
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ORDER
PHILIP A. BRIMMER, District Judge.
This matter is before the Court on the motion [Docket No. 84] filed by Deborah Alex-Saunders, a proffered expert witness for plaintiffs Michelle and Richard L. Garrett. Ms. Alex-Saunders requests that the Court set aside the Order issued by Magistrate Judge Boyd N. Boland [Docket No. 70] denying Ms. Alex-Saunders' motions to quash [Docket Nos. 65 and 67] a subpoena duces tecum issued by the United States District Court for the Northern District of Georgia. Ms. Alex-Saunders argues that Judge Boland's Order is void for lack of jurisdiction.
As the Court explained in its May 22, 2013 Order, the Court has no authority to grant the relief requested. A subpoena may only be quashed by the court that issued it. See Fed. R. Civ. P. 45(c)(3)(A)-(B). Accordingly, Judge Boland's Order is neither erroneous nor contrary to law. See Fed. R. Civ. P. 72(a). Wherefore, it is
ORDERED that the Move [sic] Court to Review of Magistrate Order as Void [Docket No. 84] filed by Deborah Alex-Saunders is DENIED.
Source: Leagle
