Ronning et al v. Fannie Mae et al

Filing 74

ORDER granting 70 Motion to Compel Compliance with Subpoena. Non-party Bowden shall comply with Plaintiffs Amended Subpoena Duces Tecum no later than close of business 1/22/2019. Plaintiffs' request for an award of reasonable attorneys' ; fees incurred in the filing of this Motion is denied. Plaintiffs' request for an Order to Show Cause is denied as premature. Plaintiffs may reurge a motion for an order to show cause should such a motion be necessary. Signed by Magistrate Judge Eileen S Willett on 1/9/19. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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David Ronning, et al.,
Plaintiffs,

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ORDER

v.

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No. CV-17-03331-PHX-ESW

Fannie Mae, et al.,

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Defendants.

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The Court has considered Plaintiffs’ Motion to Compel Compliance with Subpoena

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and Request for Order to Show Cause Why Non-Party Sheryl Bowden Should Not Be Held

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in Contempt (Doc. 70).

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No response has been filed, and the time for doing so has passed. LRCiv. 7.2(c).

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Non-party Sheryl Bowden’s (“Bowden”) failure to timely file a response is deemed to be

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consent to the granting of the Motion. LRCiv. 7.2(i). For good cause shown,

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IT IS ORDERED granting Plaintiffs’ Motion to Compel Compliance with Subpoena

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(Doc. 70). Non-party Bowden shall comply with Plaintiff’s Amended Subpoena Duces

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Tecum no later than close of business January 22, 2019.

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IT IS FURTHER ORDERED denying Plaintiffs’ request for an award of reasonable

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attorneys’ fees incurred in the filing of this Motion. See Sali v. Corona Regional Medical

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Center, 884 F.3d 1218, 1224 (9th Cir. 2018).

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IT IS FURTHER ORDERED denying Plaintiffs’ request for an Order to Show

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Cause as premature. Plaintiffs may reurge a motion for an order to show cause should such

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a motion be necessary.

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Dated this 9th day of January, 2019.

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Honorable Eileen S. Willett
United States Magistrate Judge

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