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Ducheneaux v. Lower Yellowstone Rural Electric Association, Inc., CV 19-6-BLG-TJC. (2019)

Court: District Court, D. Montana Number: infdco20191022a06 Visitors: 5
Filed: Oct. 21, 2019
Latest Update: Oct. 21, 2019
Summary: ORDER STRIKING FILING TIMOTHY J. CAVAN , Magistrate Judge . Plaintiff filed a Notice of Intention to Serve Rule 45 Subpoenas Duces Tecum. (Doc. 49.) Upon reviewing the filing, the Court notes that Plaintiff failed to adhere to Local Rule 26.2(a) "Filing Prohibited," which states: Pursuant to Fed. R. Civ. P. 5(d)(1), initial disclosures under Fed. R. Civ. P. 26(a)(1)(A), depositions, interrogatories, requests for documents, requests for admissions, answers, responses, and objections, expert
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ORDER STRIKING FILING

Plaintiff filed a Notice of Intention to Serve Rule 45 Subpoenas Duces Tecum. (Doc. 49.) Upon reviewing the filing, the Court notes that Plaintiff failed to adhere to Local Rule 26.2(a) "Filing Prohibited," which states:

Pursuant to Fed. R. Civ. P. 5(d)(1), initial disclosures under Fed. R. Civ. P. 26(a)(1)(A), depositions, interrogatories, requests for documents, requests for admissions, answers, responses, and objections, expert disclosures, expert reports, notices of deposition, notices of service of subpoena, and certificates or notices indicating service of discovery documents on opposing parties are not routinely filed. (Emphasis added.)

L.R. 26.2(b) excepts subsection (a), but only if a motion is filed relating to discovery. Here, no motion was filed relating to discovery but instead only a notice of intent to servie subpoenas.

Adherence to L.R. 26.2 allows the Court, and often the parties, to handle matters more expeditiously. Compliance with the local rule is required. Accordingly, IT IS ORDERED that Plaintiff's Notice of Intention to Serve Rule 45 Subpoenas Duces Tecum (Doc. 49) is rejected and shall be stricken from the record.

IT IS ORDERED.

Source:  Leagle

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