Exxonmobil Oil Corporation, a New York Corporation

Filing 175

ORDER Clarifying Quashing of Deposition Subpoena. signed by District Judge Anthony W. Ishii on 7/22/14. (Nazaroff, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EXXONMOBIL OIL CORPORATION,

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No. 1:09-cv-01498-AWI-SAB

Plaintiff,

ORDER CLARIFYING QUASHING
OF DEPOSITION SUBPOENA

v.

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NICOLETTI OIL, INC. et al.,
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Defendants.
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On July 21, 2014, this Court granted a motion to quash a deposition subpoena issued by

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Nicoletti Oil, Inc. (“Nicoletti”). In granting Plaintiff ExxonMobil Oil Corporation’s

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(“ExxonMobil”) motion to quash this Court relied on ExxonMobil’s implicit representation that

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no agreement existed between the parties regarding the waiver of witness fees and mileage.

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After the issuance of the Court’s order granting the motion to quash, Nicoletti filed an

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opposition to ExxonMobil’s motion to quash. Nicoletti has alleged that a waiver of fees and

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mileage existed between the parties. The Court was not and is still not aware of what agreement

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the parties had or have regarding the waiver of witness fees and mileage. However, the Court

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now clarifies that regardless of the scope of the parties’ wavier of fees and mileage, the quashing

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of Nicoletti’s subpoena was without prejudice and - to the extent that it was at all unclear – was

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without regard for the timeliness of the Nicoletti subpoena. The Court encourages the parties to
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take whatever steps necessary to resolve this issue without the need for further court intervention

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or further delay. If additional Court intervention is necessary, the Court will take the matter up

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on the date scheduled for the resumption of the bench trial.

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IT IS SO ORDERED.
Dated: July 22, 2014
SENIOR DISTRICT JUDGE

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