DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
PAUL H. SAUNDERS,
5
5
Plaintiff,
5
2006-CV-0129
v.
5
5
THE PENLAND RESERVE TRACT, LLC and 5
ANTHONY PORTER,
5
5
Defendants. 5
__________________________________________5
TO:
Stacey E. Plaskett, Esq.
Eric S. Chancellor, Esq.
ORDER REGARDING MOTION OF NEIL O’ROURKE TO QUASH SUBPOENA
THIS MATTER came before the Court upon Motion of Neil O’Rourke to Quash the
Subpoena dated November 16, 2007 (Docket No. 29).  Plaintiff filed an opposition to said
motion.  The time for filing a reply has expired.
It is well established that “[a]n officer, director or managing agent of a corporation
which is party to a lawsuit is subject to deposition on notice only, without the need for a
subpoena.  See, e.g., 8A Charles Alan Wright, Arthur R. Miller & Richard L. Marcus, Federal
Practice and Procedure, § 2107, p. 58 (2d ed. 1994).”  Bro-Tech Corp. v. Thermax, Inc., Civil
Action No. 05-2330, 2006 WL 3337496 (E.D. Pa. November 16, 2006).  See also O’Conner v.
Trans Union Corp., No. Civ. A 97-4633, 1998 WL 372667 (E.D. Pa. May 11, 1998).
Case: 1:06-cv-00129-RLF-GWC   Document #: 31   Filed: 01/24/08   Page 1 of 2
Saunders v. The Penland Reserve Tract, LLC
2006-CV-0129
Order Regarding Motion of Neil O’Rourke to Quash Subpoena
Page 2
In the matter at bar, the Court finds that Neil O’Rourke is an officer, director or
managing agent of The Penland Reserve Tract, LLC, which is a party to this lawsuit.
Consequently, the Court finds that Neil O’Rourke is subject to deposition on notice only.
The record reflects that Plaintiff did issue a notice of deposition for Neil O’Rourke.  It
appears that Plaintiff also served Neil O’Rourke with a subpoena, despite that fact that
such subpoena was unnecessary.  Because the date and time contained in the deposition
notice has passed, the Court will cancel such notice and allow Plaintiff to re-notice the said
deposition for a date, time, and location that is acceptable to the parties.
Accordingly, it is now hereby ORDERED:
1.
Motion of Neil O’Rourke to Quash the Subpoena (Docket No. 29) is
GRANTED IN PART AND DENIED IN PART.
2.
The notice of deposition (Docket No. 28) of Neil O’Rourke for December 3,
2007, is CANCELED.
3.
Plaintiff may serve an amended notice of deposition for a date, time, location
acceptable to the parties.
ENTER:
Dated: January 24, 2008
                                /s/                                   
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:06-cv-00129-RLF-GWC   Document #: 31   Filed: 01/24/08   Page 2 of 2