M.A. v. Wyndham Hotels & Resorts, Inc.
| M.A. |
| Wyndham Hotels & Resorts, Inc. |
| Brandy Scarberry |
| 7:2023cv00095 |
| November 21, 2023 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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Filing 5
ORDER: WHR's motion to compel compliance (DE #1 ) is GRANTED as follows: 1) WHR shall obtain a new subpoena in the Southern District of Ohio pursuantto FRCP 45(a)(2); 2) the new subpoena must require Scarberry's appearance at a deposition within the Eastern District of Kentucky and advise her of her rights to quash or modify the subpoena pursuant to FRCP 45(d)(3); and 3) WHR shall serve Scarberry with the new subpoena in a manner that will allow her reasonable time to comply pursuant to FRCP 45(d)(3)(A)(i). Signed by Judge Karen K. Caldwell on 1/4/2024. (TDA)cc: COR & Scarberry via US Mail. Modified cc: on 1/4/2024 (TDA).
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***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #3 Order - nothing filed. (TDA)
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Filing 4
NOTICE by Wyndham Hotels & Resorts, Inc. Notice of Service (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Fowles, Justin)
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Filing 3
ORDER: Scarberry shall have 30 days to file either: (1) a notice of intent to comply with the subpoena or (2) a motion to quash or modify the subpoena. If Scarberry fails to respond to this order, Court will issue an order granting WHR's motion. Signed by Judge Karen K. Caldwell on 11/29/2023. (TDA)cc: COR & Scarberry at address listed on motion
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Conflict Check run. (TDA)
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #1 MOTION to Compel Compliance Subpoena Ad Testificandum by Wyndham Hotels & Resorts, Inc. (TDA)
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Filing 1
MOTION to Compel Compliance Subpoena Ad Testificandum, filed by Wyndham Hotels & Resorts, Inc. (Filing fee $402; receipt number AKYEDC-5703402). (Attachments: #1 Memorandum in Support, #2 Exhibit A - Subpoena & Proof of Service, #3 Exhibit B - Proposed Deposition of Brandy Scarberry, #4 Exhibit C - Email dated 11/1/2023, #5 Proposed Order, #6 Civil Cover Sheet)(TDA) Modified text on 11/22/2023 (TDA).
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