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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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,
Plaintiff,

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No. CV-10-2358-PHX-DGC
ORDER

vs.
Robert F. Smith,
Defendant.

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On October 13, 2011, Defendant Robert F. Smith filed an emergency motion for

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relief from deposition, stating that Plaintiff had not yet filed a memorandum in response

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to Mr. Smith’s claim of Fifth Amendment privilege per the Court’s order of September

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30, 2011, (Doc. 42) and that the Court had not yet ruled on that issue. Doc. 44. Plaintiff

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filed a response on October 21, 2011, stating that the parties had agreed to reschedule Mr.

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Smith’s deposition until November 15, 2011, to allow the Court to resolve the Fifth

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Amendment issue. Doc. 45. That issue has since been fully briefed (Docs. 43, 46), and

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the Court issued an order on November 03, 2011, requiring Mr. Smith to provide Plaintiff

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the requested information. Doc. 47. The Court will deny Mr. Smith’s motion for

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emergency relief from deposition as moot.

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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.