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MICHELIN NORTH AMERICA, INC. v. INTER CITY TIRE AND AUTO CENTER, INC.

MICHELIN NORTH AMERICA, INC. v. INTER CITY TIRE AND AUTO CENTER, INC.

C.A. Nos. 6:13-1067-HMH, 6:13-2752-HMH

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Michelin North America, Inc., and Michelin Retread Technologies, Inc., Plaintiffs/Counterclaim Defendants, v. Inter City Tire and Auto Center, Inc., and Inter City Retread, Inc., Defendants/Counterclaim Plaintiffs, v. Service Tire Truck Centers, Inc., Tire Centers, LLC, James Cavanaugh, William McCabe, William Schafer, Andrew Meurer, and Marc Pasquet, Counterclaim Defendants. Inter City Tire and Auto Center, Inc. and. Inter City Retread, Inc., Plaintiffs, v. Michelin North America, Inc., Michelin Retread Technologies, Inc., Service Tire Truck Center, Inc., James Cavanaugh William McCabe and Oscar Simoes, Defendants.

United States District Court, D. South Carolina, Greenville Division.https://leagle.com/images/logo.png

October 29, 2014.

Attorney(s) appearing for the Case

Michelin North America Inc, Plaintiff, represented by Giles M Schanen, Jr , Nelson Mullins Riley and Scarborough, A Marvin Quattlebaum, Jr , Nelson Mullins Riley and Scarborough & Peter W Herzog, III , Bryan Cave.

Michelin Retread Technologies, Inc., Plaintiff, represented by A Marvin Quattlebaum, Jr , Nelson Mullins Riley and Scarborough, Peter W Herzog, III , Bryan Cave & Giles M Schanen, Jr , Nelson Mullins Riley and Scarborough.

Treadway USA, Inc., Movant, represented by Jonathan M Milling , Milling Law Firm.

Medallion Transport & Logistics, LLC, Movant, represented by Jonathan M Milling , Milling Law Firm.

Gary Weilheimer, Movant, represented by Jonathan M Milling , Milling Law Firm.

Inter-City Tire and Auto Center Inc, Defendant, represented by Benjamin Edward Nicholson, V , McNair Law Firm, Celeste Tiller Jones , McNair Law Firm-Cola, Jane W Trinkley , McNair Law Firm, Joseph Owen Smith , Roe Cassidy Coates and Price, Laura B Angelini , Hinckley Allen and Snyder & Michael J Connolly , Hinckley Allen and Snyder.

Inter-City Retread, Inc, Defendant, represented by Benjamin Edward Nicholson, V , McNair Law Firm, Celeste Tiller Jones , McNair Law Firm-Cola, Jane W Trinkley , McNair Law Firm, Joseph Owen Smith , Roe Cassidy Coates and Price, Laura B Angelini , Hinckley Allen and Snyder & Michael J Connolly , Hinckley Allen and Snyder.

Inter-City Tire and Auto Center Inc, Counter Claimant, represented by Benjamin Edward Nicholson, V , McNair Law Firm, Celeste Tiller Jones , McNair Law Firm-Cola, Jane W Trinkley , McNair Law Firm, Joseph Owen Smith , Roe Cassidy Coates and Price, Laura B Angelini , Hinckley Allen and Snyder & Michael J Connolly , Hinckley Allen and Snyder.

Inter-City Retread, Inc, Counter Claimant, represented by Benjamin Edward Nicholson, V , McNair Law Firm, Celeste Tiller Jones , McNair Law Firm-Cola, Jane W Trinkley , McNair Law Firm, Joseph Owen Smith , Roe Cassidy Coates and Price, Laura B Angelini , Hinckley Allen and Snyder & Michael J Connolly , Hinckley Allen and Snyder.

Michelin North America Inc, Counter Defendant, represented by Giles M Schanen, Jr , Nelson Mullins Riley and Scarborough, A Marvin Quattlebaum, Jr , Nelson Mullins Riley and Scarborough & Peter W Herzog, III , Bryan Cave.

Michelin Retread Technologies, Inc., Counter Defendant, represented by A Marvin Quattlebaum, Jr , Nelson Mullins Riley and Scarborough, Peter W Herzog, III , Bryan Cave & Giles M Schanen, Jr , Nelson Mullins Riley and Scarborough.

James Cavanaugh, Counter Defendant, Pro Se.

William McCabe, Counter Defendant, Pro Se.

Andrew Meurer, Counter Defendant, represented by Giles M Schanen, Jr , Nelson Mullins Riley and Scarborough.

Marc Pasquet, Counter Defendant, represented by Giles M Schanen, Jr , Nelson Mullins Riley and Scarborough.

William Schafer, Counter Defendant, represented by Giles M Schanen, Jr , Nelson Mullins Riley and Scarborough.

Service Tire Truck Centers Inc, Counter Defendant, represented by Beattie B Ashmore , Beattie B Ashmore Law Office, Brian R Tipton , Florio Perrucci Steinhardt and Fader & Padraig P Flanagan , Florio Perrucci Steinhardt and Fader.

OPINION & ORDER

HENRY M. HERLONG, Jr., Senior District Judge.

This matter is before the court on Defendant/Counterclaim Defendant James Cavanaugh's ("Cavanaugh") pro se motion to quash a subpoena allegedly issued from this court by Defendants/Counterclaim Plaintiffs Inter City Tire and Auto Center, Inc. and Inter City Retread, Inc. (collectively "Inter City"). Cavanaugh did not attach the subpoena described in the motion to his filing. See (Mot. Quash, ECF No. 329.)1 Rule 45(d)(3) of the Federal Rules of Civil Procedure provides that motions to quash must be filed in "the court for the district where compliance is required." See Fed. R. Civ. P. 45(d)(3)(A)-(B). Any motion to quash Inter City's subpoena should have been filed in the district where compliance is required. Because Cavanaugh did not attach the subpoena to his motion, the court is unable to evaluate whether it has jurisdiction to consider the motion. Accordingly, Cavanaugh's motion to quash is denied without prejudice.

It is therefore

ORDERED that Cavanaugh's motion to quash, docket number 329, is denied without prejudice.

IT IS SO ORDERED.

FootNotes

1. All citations in ECF refer to C.A. No. 6:13-cv-1067.

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