Fitzpatrick
Fitzpatrick v. Arco Marine, Inc.
Opinion
lead Opinion
McMahon, J.
ORDER DENYING MOTION TO COMPEL ENFORCEMENT OF NON-PARTY SUBPOENA
The motion of plaintiff Thomas M. Fitzpatrick to compel enforcement of a non-party subpoena served on third party Crowley Petroleum Transport, Inc. (“CPTI”) is denied.
The plaintiff seeks an order of this court to compel third party CPTI to allow the plaintiff to inspect, photograph and videotape a portion of the Prudhoe Bay, a tanker leased to CPTI. In particular, the plaintiff requests the court to order CPTI to deploy an accommodation ladder on the tanker in the manner it was deployed at the time the plaintiff was injured. The plaintiff further requests an order that CPTI allow the plaintiff to photograph, videotape and measure the accommodation ladder as it is deployed and after deployment.
CPTI currently leases and operates the Prudhoe Bay, but did not own or operate the ship at the time of the plaintiffs claimed injury. This court has the power to compel a non-party to submit to an inspection upon the service of a proper subpoena. Rule 34(c), Federal Rules of Civil Procedure, referring to Rule 45. Federal Rules of Civil Procedure.