City of Murfreesboro, Tennessee v. BFI Waste Systems of Tennessee, LLC et al

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CITY OF MURFREESBORO, TENNESSEE,
Plaintiff,
v.
BFI WASTE SYSTEMS OF TENNESSEE,
LLC et al.,
Defendants.
Case No. 3:22-cv-00605
Judge Eli J. Richardson
Magistrate Judge Luke A. Evans
MEMORANDUM ORDER
On April 22, 2026, the Court held a telephonic discovery dispute conference to address the
parties’ joint discovery dispute statement. (Doc. No. 272.) The issue raised in the joint discovery
dispute statement—whether plaintiff may serve proposed1 document subpoenas on third-party
consultants under the terms of the special master’s report (Doc. Nos. 219, 244)—was not resolved,
and motion practice will be necessary. The Court sets a schedule for motion practice as follows:
1) 	On or before May 15, 2026, defendants will file a motion for a protective order
under Rule 26(c) of the Federal Rules of Civil Procedure. As discussed at the discovery dispute
conference, Rule 45 normally governs the service of subpoenas and any objections to them. The
terms of the special master’s report, however, creates the need to take the preliminary step of
assessing previously established limits on discovery.
2) 	Plaintiff will file any response on or before May 22, 2026.
3) 	Defendants will file any reply on or before May 29, 2026.
1 	To the Court’s best understanding, the subpoenas attached to the joint discovery dispute
statement (Doc. Nos. 272-2, 272-3, 272-4) are drafts only and were not served. The parties should
confirm the Court’s understanding in their motion papers; if instead the subpoenas had been served
then the parties should state whether objections had been served under Rule 45(d)(2)(B).
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4) 	The Court will decide later whether oral argument on the motion will be necessary.
It is so ORDERED.
____________________________________
LUKE A. EVANS
United States Magistrate Judge
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