IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WILLIAM D. BOWDEN, )

)

Plaintiff, )

)

v. ) Civil Action No.: 2:06-CV-665

)

MISSION PETROLEUM CARRIERS, )

ANTONIO MARTINEZ NAVARRO )

)

Defendants. )

MOTION FOR CONTEMPT AND/OR MOTION TO COMPEL PRODUCTION AND

COMPLIANCE WITH SUBPOENA TO A NON-PARTY 

COMES NOW the Plaintiff by and through undersigned counsel and respectfully

requests this Honorable Court to compel non-party Southeast Pallet and Box Company and

owner Woody Griffin to produce documents as requested in the non-party subpoena as required

by Rules 34 and 45 of the Federal Rules of Civil Procedure. In support of this motion, Plaintiff

shows the following:

1. On or about May 13, 2004, employee-Plaintiff William Bowden was driving a

flatbed truck for Southeast Pallet and Box and/or Southern Carriers when his stationary truck

was rear-ended on Interstate I-65 near Greenville, Alabama, by Defendant Antonio M. Navarro,

who was operating a commercial 18-wheeler on behalf of Defendant Mission Petroleum

Carriers. Follwing the wreck, Plaintiff’s supervisor from Southeast Pallet and Box, a gentlemen

named Billy, arrived at the scene from Montgomery and took various photos of the scene and

trucks involved in this collision. 

2. Plaintiff served non-party Southeast Box and Pallet with the attached non-party

subpoena on or about January 17, 2007. [See Exhibit B]. Non-party Southeast Pallet and Box

and owner Woody Griffin submitted the attached response to the Plaintiff’s subpoena on January

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29, 2007 [see Exhibit A] but failed to completely answer and/or produce information requested

in the Plaintiff’s non-party subpoena. Plaintiff believes Southeast Box and Pallet and/or its

owner Woody Griffin has knowledge of who has possession of the photographs taken by their

employee Billy and has refused to disclose this information to the Plaintiff.

3. Before filing this discovery motion, on or about April 4, 2007, counsel spoke to

Southeast Pallet’s owner Woody Griffin who advised he would search for the information

requested in the subpoena and call back Plaintiff’s counsel once he returned from out-of-town on

Friday, April 6. Since this conversation, Plaintiff’s counsel has left numerous messages with

Southeast Pallet and Mr. Griffin but no messages have been returned. 

WHEREFORE, the above premises considered, Plaintiff respectfully requests that this

Honorable Court compel non-party Southeast Pallet and Box and owner Woody Griffin to

answer Plaintiff's subpoena request, produce the requested documentation and assist the parties

with discovery in this case.

 Respectfully submitted on this 11 day of April, 2007.

OF COUNSEL:

McPHILLIPS, SHINBAUM, L.L.P.

516 S. Perry Street

P. O. Box 64 /s/ James G. Bodin 

Montgomery, Alabama 36101 JAMES G. BODIN (BOD005)

(334) 262-1911

 

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CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the document(s) above via email and/or U.S.

Mail, postage prepaid, to the following attorneys of record, on this the 11h day of April, 2007:

Caroline T. Pryor, Esq.

CARR ALLISON

P.O. Box 1126

Daphne, AL 36526

251-626-9340

ctp@carrallison.com

 /s/ James G. Bodin 

Of Counsel

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