Getting an unopposed motion granted is supposed to be like shooting fish in a barrel. But sometimes things don’t go as planned, as Chief Judge Fitzwater’s recent decision in Nunn v. State Farm, which is pending in the Northern District of Texas, demonstrates (pdf copy of decision here). State Farm filed an unopposed motion requesting that the Court compel a nonparty to attend her deposition. But State Farm had not been able to serve the nonparty personally with the subpoena, which is required under Federal Rule of Civil Procedure 45 (we note that some courts allow service by certified mail). Chief Judge Fitzwater denied the motion without prejudice, because the Court could not hold the nonparty in contempt absent proper service of the subpoena.
State farm is represented by Christopher Martin and Deborah Rank, both of Martin, Disiere, Jefferson & Wisdom, L.L.P.
The plaintiff is represented by Alfred Ellis, of Sommerman & Quesada, L.L.P.