In Stephen L. Lafrance Holdings, Inc. v. Sorensen, 278 F.R.D. 429 (E.D. Ark. 2011), the United States District Court for the Eastern District of Arkansas addressed this issue in a nearly identical context. In Section (d) of this opinion, titled "Effect of a Motion to Quash," the Federal Court held:
[T]he filing of a motion to quash does not automatically stay a deposition. The mere act of filing a motion does not relieve a party of the of the duty to appear; the party is obligated to appear until some order of the court excuses attendance.
Id. at 436 (citations omitted)(emphasis supplied)
In addition, "the burden is on the movant to obtain a ruling on a motion to quash before cancelling the deposition." Id.
B. Federal Rule 45(e) Contempt.
Federal Rule 45(e) provides that "[t]he issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii).
Thanks for doing the research.
ReplyDeleteDoes Lewis also think he's above the law and does not have to follow it?
ReplyDeleteIs this a federal case taking place in the Eastern District of Arkansas? If so, the ruling doesn't apply.
ReplyDeleteAt 4'10 the law is about the only thing he is above.....
ReplyDeletetime to round him up and too answer to the courts.
ReplyDeleteUnless one is protected by the Two Sets of Laws theorem.
ReplyDeleteWhich isn't exactly a "theorem" any longer.
It's a stick to beat the serfs to death with, while the masters laugh among themselves at how much the serfs like taking these daily ace-whippings.
Keep cheering!!
Regardless of what we think, this is up to the judge.
ReplyDeleteTime for F.O.P President Martin Fisher to quit talking about it and be about it. Run for Sheriff Marty!
ReplyDeleteBob Harris for Sheriff!
ReplyDeleteSimple, U.S. Marshalls tell Lewis that he is being arrested and the reason why. If Lewis shows even the slightest resistance – TAZE HIM, handcuff him, search him and haul him to jail.
ReplyDelete