PLAINTIFF'S MOTION TO QUASH THIRD SUBPOENA DUCES TECUM

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
PLAINTIFF'S MOTION TO QUASH THIRD SUBPOENA DUCES TECUM

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MEREDITH T. RANEY, JR.,
Plaintiff,
v.
AWARE WOMAN CENTER
FOR CHOICE, INC., a Florida corporation,
EDWARD W. WINDLE, JR., and
PATRICIA B. WINDLE
Defendants.

CASE NO.: 97-1197-CV-ORL-19B

PLAINTIFF'S MOTION TO QUASH THIRD SUBPOENA DUCES TECUM

Plaintiff, Meredith T. Raney, Jr., by and through his undersigned attorney, hereby moves that the Subpoena Duces Tecum for deposition starting July 7, 1998 and continuing for four days be quashed, saying:

1. The aforesaid Subpoena has been issued in violation of the Federal Rules of Civil Procedure and violates the directive of this Court that Defendants refrain from issuing subpoenas to the Plaintiff to compel his presence at a deposition.

2. Plaintiff has been subjected to extra liability for attorney's fees because of the issuance of this subpoena and therefore seeks the protection of this Court pursuant to Rule 45 (c)(1), Federal Rules of Civil Procedure.

3. Movant's attorney has tried unsuccessfully to confer with Defendants' attorney regarding this matter.

WHEREFORE, Plaintiff requests that the aforesaid Subpoena Duces Tecum be quashed and that appropriate relief be granted to the Plaintiff.

MEMORANDUM

Plaintiff, Meredith T. Raney, Jr., by and through his undersigned attorney, attaches this Memorandum to the foregoing Motion in compliance with the Local Rules.

1. Movant has complied with Local Rule 3.01(g) in that his attorney attempted to discuss this matter with Mr. Torpy before filing this Motion.

2. The use of a subpoena to require attendance of the Plaintiff at a deposition is contrary to the procedures set forth in the Federal Rules of Civil Procedure.

3. Defendants have already been advised by this Court that the use of such process is inappropriate to compel the Plaintiff to attend a deposition.

4. The Plaintiff has incurred extra expense, particularly legal fees, by Defendants persistent misuse of process and appropriate relief should be granted the Plaintiff in accord with Rule 45(c)(1) of the Federal Rules of Civil Procedure.

WHEREFORE, the relief sought by the forgoing motion should be granted.

Respectfully submitted,
Christopher F. Sapp <signed>
Post Office Box 1012
Lehigh Acres, Florida 33970
(941) 368-3922
Florida Bar No. 0097823
Attorney for Plaintiff

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to Vincent G. Torpy, Jr., Esquire 930 S. Harbor City Blvd. Suite 505, Melbourne, Florida 32901 this 4th day of July, 1998.

Christopher F. Sapp <signed>
Attorney