United States of America v. Smith

Filing 59

ORDER denying as moot 44 Defendant's Motion for Emergency Relief from Deposition. Signed by Judge David G Campbell on 1/30/12.(LSP)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 United States of America, Plaintiff, 10 11 12 13 No. CV-10-2358-PHX-DGC ORDER vs. Robert F. Smith, Defendant. 14 On October 13, 2011, Defendant Robert F. Smith filed an emergency motion for 15 relief from deposition, stating that Plaintiff had not yet filed a memorandum in response 16 to Mr. Smith’s claim of Fifth Amendment privilege per the Court’s order of September 17 30, 2011, (Doc. 42) and that the Court had not yet ruled on that issue. Doc. 44. Plaintiff 18 filed a response on October 21, 2011, stating that the parties had agreed to reschedule Mr. 19 Smith’s deposition until November 15, 2011, to allow the Court to resolve the Fifth 20 Amendment issue. Doc. 45. That issue has since been fully briefed (Docs. 43, 46), and 21 the Court issued an order on November 03, 2011, requiring Mr. Smith to provide Plaintiff 22 the requested information. Doc. 47. The Court will deny Mr. Smith’s motion for 23 emergency relief from deposition as moot. 24 25 26 27 28 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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