Natural Resources Defense Council et al v. Norton et al

Filing 1332

Order DENYING United States' 1289 1291 Motions to Quash the trial subpoenas for Mr. Smith, Maria Rea, and Eric Danner, signed by Magistrate Judge Erica P. Grosjean on 3/20/2019. (Rosales, O.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATURAL RESOURCES DEFENSE
COUNCIL, et al.,

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Plaintiffs,

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v.
DAVID BERHNARDT, in his official
capacity as Acting Secretary of the
Interior, et al.,

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Case No. 1:05-cv-01207-LJO-EPG
ORDER DENYING UNITED STATES’
MOTIONS TO QUASH THE TRIAL
SUBPOENAS FOR MR. SMITH, MARIA
REA, AND ERIC DANNER
(ECF Nos. 1289, 1291)

Defendants.

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Currently before the Court is the motion to quash the trial subpoenas for Mr. Smith, Ms.
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Rea, and Dr. Danner (ECF Nos. 1289, 1291). The Court has reviewed and considered
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Plaintiffs’ proffer of trial testimony (ECF No. 1317) and supplemental proffer of trial testimony

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of Mr. Smith (ECF No. 1327). The Court finds that live testimony from Mr. Smith, Ms. Rea,
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and Dr. Danner is appropriate. Accordingly,
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IT IS ORDERED that the Motions to quash the subpoenas for Mr. Smith, Ms. Rea,
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and Dr. Danner to appear for testimony at trial (ECF Nos. 1289, 1291) are DENIED. In light of
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this ruling, Defendants’ request for leave to file a response to Plaintiffs’ supplemental proffer

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of trial testimony for Mr. Smith (ECF No. 1331) is DENIED as moot.
IT IS SO ORDERED.

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Dated:

March 20, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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