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Bay v. Fairfield Resorts

October 22, 2007

JAMES E. BAY, PLAINTIFF,
v.
FAIRFIELD RESORTS, INC. AND CENDANT TIMESHARE RESORT GROUP, INC., DEFENDANTS.



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

(VARLAN/GUYTON)

ORDER

This civil action is before the Court pursuant to 28 U.S.C. § 636(b), the Rules of this Court, and by Order [Doc. 34] of the Honorable Thomas A. Varlan, United States District Judge, for disposition of Defendants' Motion to Quash Plaintiff's Subpoena and Notice of Deposition to Geoff Geddes. [Doc. 31] Defendants move the Court to quash the Subpoena [Doc. 29] and Notice of Deposition [Doc. 28] as to Geoff Geddes.

After reviewing the subpoena at issue, the Court notes that the subpoena was issued out of the Federal District Court for the Eastern District of Tennessee, but the deposition is set to occur in Orlando, Florida. [Doc. 29] The Federal Rules of Civil Procedure require that a subpoena be issued "from the court where the deposition is to be taken." Fed. R. Civ. P. 45(a)(2)(B). Needless to say, Orlando, Florida is not located within the Eastern District of Tennessee.

Accordingly, for good cause shown, defendants' motion [Doc. 31] is hereby GRANTED and the notice of deposition [Doc. 28] and subpoena [Doc. 29] as to Geoff Geddes are hereby QUASHED.

IT IS SO ORDERED.

20071022

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