Leo Harris v. CVS Pharmacy Inc

Filing 128

ORDER TO SHOW CAUSE by Magistrate Judge Alicia G. Rosenberg.In light of the District Judge's dismissal of the underlying action, IT IS HEREBY ORDERED that: 1. The hearing date of August 11, 2015 on the two motions listed above is VACATED. 2. C ounsel for Plaintiff and Defendant are ordered to show cause, on or before August 14, 2015, why this case should not be closed without prejudice to Plaintiff's ability to bring the two motions in the court that will hear the underlying action. [See Order for details.] (san)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

EDCV 13-2329-AB (AGRx)

Title

Leo Harris v. CVS Pharmacy, Inc., et al.

Present: The
Honorable

Date

August 7, 2015

Alicia G. Rosenberg, United States Magistrate Judge

Marine Pogosyan

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff

Proceedings:

Attorneys Present for Defendants

RE ORDER TO SHOW CAUSE

On August 6, 2015, District Judge Birotte granted Defendant CVS Pharmacy’s motion to dismiss
the underlying action without prejudice for lack of subject matter jurisdiction. Harris v. CVS Pharmacy,
Inc., EDCV 13-2329 AB (AGRx).
This case was transferred to this court pursuant to Fed. R. Civ. P. 45 upon Plaintiff’s motion to
compel further responses to a subpoena issued to Lang Pharma Nutrition in the underlying action,
Harris v. CVS Pharmacy, Inc., EDCV 13-2329 AB (AGRx). (Exh. 1 to Fitzgerald Decl., Dkt. No. 3-1.)
There are two motions pending: (1) second motion for review of disputed claim of privilege
(Dkt. No. 69); and (2) ex parte application to compel deposition of Lang Pharma and related relief (Dkt.
No. 71). Both motions have related motions to seal various materials.
In light of the District Judge’s dismissal of the underlying action, IT IS HEREBY ORDERED
that:
1.

The hearing date of August 11, 2015 on the two motions listed above is VACATED.

2.

Counsel for Plaintiff and Defendant are ordered to show cause, on or before August 14,
2015, why this case should not be closed without prejudice to Plaintiff’s ability to bring
the two motions in the court that will hear the underlying action.

Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

mp

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