Herron v. Department of Education

Filing 9

ORDER finding as moot 4 Motion to Quash; finding as moot 4 Motion for Protective Order; finding as moot 1 Motion for Order and directing the Clerk to close the case. Signed by Judge James M. Moody on 1/13/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ROBERT HERRON
V.

PLAINTIFF
4:11MC00038 JMM

DEPARTMENT OF EDUCATION,
Inspector General

DEFENDANT
ORDER

Pending is the Plaintiff’s Motion for Order pursuant to the Customer Challenge
provisions of the Right to Financial Privacy Act of 1978 and the Motion to Quash Subpoena
Duces Tecum and Motion for Protective Order. The Defendant has responded. In the Response,
the Defendant states that it is withdrawing the Subpoena at issue. Therefore, Plaintiff’s Motion
to Quash and Motion for Protective Order (Docket #4) is MOOT. Further, because Plaintiff’s
Challenge is based upon the Subpoena it appears that the initial Motion for Order (Docket #1) is
also MOOT.
In conclusion, the Defendant has withdrawn the Subpoena at issue in this case.
Accordingly, the pending motions (Docket # 1 and # 4) are MOOT. The Clerk is directed to
close the case.
IT IS SO ORDERED this 13th day of January, 2012.

______________________________
James M. Moody
United States District Judge