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Bourhis Law Group
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Order | Filed: May 17, 2024 | Entered: May 17, 2024 Holjes v. Lincoln National Life Insurance Company
Labor: E.R.I.S.A. | Connecticut
Order on Motion for Conference
ORDER denying without prejudice plaintiff's 134 Amended Motion for Informal Discovery Conference; finding as moot 133 Motion for Informal Discovery Conference. Although the Court appreciates that an informal discovery conference might be an efficient way to resolve a subpoena compliance dispute, plaintiff has presented insufficient information to justify a Court order requiring the respondent's counsel to appear for a discovery conference. First, plaintiff has not presented proof of service of the document subpoena on respondent HSA Financial. Nor has plaintiff identified the address of HSA Financial, and the submissions suggest that the 100-mile requirement in Rule 45(c)(2)(A) has not been satisfied: the motion attaches two deposition subpoenas directed to Kyle Keller and Kevin Hudson who appear to be employees of an entity doing business as "HSA Group Benefits" and located in Spartanburg, South Carolina, but compliance is commanded at plaintiff's counsel's office in Los Angeles. Relatedly, plaintiff's submission indicates that service on those employees was unsuccessful, see ECF 134 at 9, 15, so it is unclear what notice, if any, HSA has of plaintiff's discovery efforts. In short, the Court has no basis to conclude that an enforceable Rule 45 document subpoena was actually served on an actual entity such that the Court could compel compliance under Rule 45. The motion is therefore denied without prejudice. In the event that plaintiff elects to file a Rule 45(d) motion to compel, he must include proof that the subpoena is enforceable. Alternatively, if plaintiff and respondent(s) desire a court conference in lieu of motion practice, they may file a joint request for conference. So Ordered. Signed by Judge S. Dave Vatti on 5/17/2024. (Nichols, J)
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Motion | Filed: May 16, 2024 | Entered: May 16, 2024 Holjes v. Lincoln National Life Insurance Company
Labor: E.R.I.S.A. | Connecticut
Conference
Amended MOTION for Informal Discovery Conference by Paul Holjes. (Bourhis, Matthew)
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Motion | Filed: May 16, 2024 | Entered: May 16, 2024 Holjes v. Lincoln National Life Insurance Company
Labor: E.R.I.S.A. | Connecticut
Conference
MOTION for Informal Discovery Conference by Paul Holjes. (Bourhis, Matthew)
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