Free Objection - District Court of Arizona - Arizona

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Joseph A. Kendhammer, SBN 009156 Jeanne E. Varner Powell, SBN 017535 Kendhammer & Colburn, L.L.P. 394 North Third Avenue Phoenix, Arizona 85003 (602) 340-9900 Attorneys for Defendants Mesa General Hospital Medical Center, L.P.

IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Wyvonna M. Barnett
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Plaintiff,
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vs. Mesa General Hospital Defendant.

) ) ) Case No. CV032566 PHX ROS ) ) ) OBJECTION TO SUBPOENA ) ) ) ) ) ) )

Defendant Mesa General Hospital Medical Center L.P. ["Mesa General" hereby objects ] to the attached subpoena because of the following defects: 1. 45(a)((1)(C). The subpoena fails to specify a date and place for compliance pursuant to Rule

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2.
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The documents and information requested are not in the possession of Cathy

Stevens, because Cathy Stevens is no longer employed by Mesa General Hospital. See Rule 45(a)(1)(C). The requests should be directed to Mesa General Hospital in the form of one of the discovery devices listed in Rules 30-36. 3. The documents and information are not in the possession of unnamed nurses who

may or may not be employed by Mesa General Hospital. See Rule 45(a)(1)(C). The requests
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should be directed to Mesa General Hospital in the form of one of the discovery devices listed in Rules 30-36. 4. The subpoena was served on Mesa General Hospital but is directed to Cathy

Stevens and multiple unidentified individuals. A subpoena must be served on the person who is named therein. In addition, one subpoena for multiple individuals is inappropriate.

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5.
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The subpoena is burdensome because a portion of the information requested has

already been provided in Mesa General Hospital' disclosures in this case. Plaintiff has a duty to s avoid undue burden and expense. See Rule 45(c)(1).

DATED this ____ day of December, 2005.

KENDHAMMER & COLBURN, L.L.P.

_/s________________________________ Joseph A. Kendhammer Jeanne E. Varner Powell Attorneys for Defendant Mesa General Hospital, L.P. dba Mesa General Hospital Medical Center

ORIGINAL of the foregoing mailed this ___ day of December, 2005, to: Wyvonna M. Barnett 506 East McKamey Payson, AZ 85541 Plaintiff Pro Per _________________________

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