United States of America v. Smith
ORDER denying as moot 44 Defendant's Motion for Emergency Relief from Deposition. Signed by Judge David G Campbell on 1/30/12.(LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
United States of America,
Robert F. Smith,
On October 13, 2011, Defendant Robert F. Smith filed an emergency motion for
relief from deposition, stating that Plaintiff had not yet filed a memorandum in response
to Mr. Smith’s claim of Fifth Amendment privilege per the Court’s order of September
30, 2011, (Doc. 42) and that the Court had not yet ruled on that issue. Doc. 44. Plaintiff
filed a response on October 21, 2011, stating that the parties had agreed to reschedule Mr.
Smith’s deposition until November 15, 2011, to allow the Court to resolve the Fifth
Amendment issue. Doc. 45. That issue has since been fully briefed (Docs. 43, 46), and
the Court issued an order on November 03, 2011, requiring Mr. Smith to provide Plaintiff
the requested information. Doc. 47. The Court will deny Mr. Smith’s motion for
emergency relief from deposition as moot.
IT IS ORDERED that Defendant’s motion for emergency relief from deposition
(Doc. 44) is denied as moot.
Dated this 30th day of January, 2012.
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